A contempt petition alleging violation of a stay order was dismissed as the applicant voluntarily withdrew the petition after admitting that the respondent had already taken possession in prior execution proceedings.
Petition dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~19
..... Petitioner
Through: Mr.Shailesh Tiwari, Advocate.
NAHAR SINGH
..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
% 20.12.2019 CM APPL.No.54678/2019
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
CONT.CAS(C) 1122/2019
This contempt petition is moved by appellant for violation of the order dated 16.09.2019 passed by this Court whereby the operation of the impugned judgment and decree dated 19.02.2019 was stayed in RFA No. 829/2019 . The learned counsel for the applicant says per order dated 16.09.2019, he had deposited the money part of the impugned decree dated 19.02.2019, but after passing of the said order, the respondent has sold the property in question to someone else, hence contempt proceedings be initiated against the respondents and his possession be also restored.
During the course of hearing, the learned counsel for the applicant concedes the possession of the subject property was taken from him by the respondent in execution proceedings much prior to
16.09.2019 which fact was never disclosed to this Court. At this stage, the learned counsel for the applicant seeks to withdraw the petition. The petition is dismissed as withdrawn.
YOGESH KHANNA, J.
DECEMBER 20, 2019 M
1 issue framed by the court
Whether to initiate contempt proceedings against the respondent for alleged violation of a stay order and failure to restore possession of the subject property.
DASHRATH VERMA
NAHAR SINGH
YOGESH KHANNA
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
