Bhaskara Rao Vs. Reddy Venkateshwara Rao & ANR.  INSC 1674 (23
ORIGINAL JURISDICTION CONTEMPT PETITON [C] NO.313 OF 2007 IN SPECIAL LEAVE
PETITION [C] NO.17948 OF 2006 Goli Bhaskara Rao ...Appellant(s) Versus Reddy
Venkateswasra Rao & Anr. ...Respondent(s)
O R D E R
Court, on 21st August, 2007, passed the following order:
dismissing the special leave petition on 13th November, 2006, dispossession of
the petitioners was stayed till 31st of August, 2007, subject to the
petitioners filing the usual undertaking within four weeks from the date of the
order. Pursuant to the said order, undertaking was filed in this Court.
present application has been filed by the petitioners-applicants, seeking
extension of the order of dispossession till 31st December, 2007.
Gireesh Kumar, Adv. appearing for the respondent agrees to the extension being
allowed up to 30th of September, 2007.
the dispossession of the petitioners-applicants from the premises in question
is extended till 30th of September, 2007. Needless to mention, the petitioners
shall hand over the vacant and peaceful possession of the premises to the
respondent on or before the 30th of September, 2007.
stands disposed of accordingly."
pursuance of the order of this Court, referred to above, the petitioner was
under an obligation to hand over possession of the premises on or before 31st
counsel appearing on behalf of the petitioner, namely, Goli Bhaskara Rao,
submitted that possession has yet not been given.
petitioner has filed this contempt petition in which notice was issued by this
Court. Despite service of notice, the respondents, namely Reddy Venkataeswar
Rao and Reddy Koteswara Rao, are not present. In this view of the matter, we
direct the District Judge, Visakhapatnam, Andhra Pradesh, to take possession of
the property in question and hand over the same to the petitioner, namely, Goli
Bhaskara Rao. The learned District Judge is requested to send a report to this
Court within four weeks from today. The learned District Judge would be
entitled to take police assistance, if so required.
contempt petition is, accordingly, disposed of.
......................J. [DALVEER BHANDARI]
......................J. [DR. MUKUNDAKAM SHARMA]
October 23, 2009.