A single judge of the Delhi High Court dismissed a contempt petition for alleged wilful disobedience, holding that an execution petitioner has an effective remedy under the CPC and contempt powers should be used sparingly.
Contempt petition dismissed; liberty granted to file execution proceedings.
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MANISH JAIN ..... Petitioner Through: Ms. Damini Chawla, Adv.
versus
KAMLESH CHAND GUPTA & ANR ..... Respondents Through: None
CORAM: HON'BLE MR. JUSTICE MANMOHAN
O R D E R % 08.07.2016
Matter has been listed today as 07th July, 2016 was declared holiday on account of Idu’l Fitr.
It is pertinent to mention that the present contempt petition has been filed alleging wilful disobedience of the order dated 24th December, 2014 passed in CS(OS) 1077/2008 whereby the respondents were restrained from interfering with the petitioner’s possession in property bearing plot no. R-2, R-3 and R-4 out of Khasra No. 18/9, 9/7 and 21/7, Village Dhirpur, Rishab Nagar, Model Town, Delhi.
Learned counsel for the petitioner states that the alleged contemnors-respondents are in occupation of the suit premises and are not allowing the petitioner to enjoy the suit premises, despite the petitioner’s suit having been decreed by this Court.
This Court is of the opinion that since the petitioner has an
alternate effective remedy by way of an execution petition, the present contempt petition should not be entertained.
A coordinate Bench of this Court in Jamna Datwani v. Kishin
Datwani and Others, MANU/DE/4122/2014 has held as under:-
“10. The contempt power under the Contempt of Courts Act is not only discretionary but is also to be used sparingly. A trend which has been noticed by this court is that parties invariably try to invoke the provisions of the Contempt of Courts Act in order to get orders implemented while there is machinery provided under the CPC for the purpose of getting orders, decrees or directions executed.”
In view of the aforesaid, the present contempt petition is dismissed with liberty to the petitioner to file execution proceedings.
MANMOHAN, J
JULY 08, 2016 NG
1 issue framed by the court
Whether a contempt petition can be entertained when an effective execution remedy is available under the CPC.
Colour shows how this judgement treated each authority
Jamna Datwani v. Kishin Datwani and OthersReferred¶15
Jamna Datwani v. Kishin Datwani and Others, MANU/DE/4122/2014
Manish Jain
Kamlesh Chand Gupta
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
