Contempt petition filed for wilful disobedience of an order directing handover of premises keys. Court held decree-holder has effective remedy via execution proceedings. Petition dismissed.
Contempt petition and applications dismissed with liberty to file execution proceedings.
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NATIONAL GANDHI MUSEUM ..... Petitioner Through: Mr. Rahul Shukla, Advocate.
versus
KANTA THAKARAN ..... Respondent
Through: None.
CORAM: HON'BLE MR. JUSTICE MANMOHAN
O R D E R % 18.10.2016
Present contempt petition has been filed alleging wilful disobedience of the order dated 14th September, 2016 passed in CS No.591/16/15 whereby petitioner’s suit was decreed to the extent that respondent was directed to hand over the keys of the premises/Quarter No.9, Rajghat Colony, New Delhi.
Learned counsel for petitioner states that despite the aforesaid order, respondent has not handed over the keys till date.
In the opinion of this Court, as a decree has been passed in the present case, petitioner has an alternate effective remedy of filing execution proceedings.
Consequently, present contempt petition and applications are dismissed with liberty to petitioner to file execution proceedings.
MANMOHAN, J
OCTOBER 18, 2016 js
1 issue framed by the court
Whether a filing of execution proceedings constitutes an alternative remedy to the present contempt petition.
1 provisions across 1 enactments
NATIONAL GANDHI MUSEUM
KANTA THAKARAN
MANMOHAN
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
