In a contempt petition regarding delayed compliance with directions to hand over property possession, the High Court accepted the respondents' unconditional apology for inadvertent default and imposed a cost of ₹10,000 each.
Cost of ₹10,000 imposed on each respondent payable to petitioner no. 2.
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.
$~104
Through: Mr. Vivek Kumar Tandon & Ms. Prerna Tandon, Advs. DHCLSC M: 9810277733 Email: [email protected]
versus
MR. PRAVEEN KUMAR & ORS. ..... Respondents Through: Mr. Hansh Chandra and Mr. Tarun Chandra, Advs. M: 9811517113
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R % 02.05.2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/05/2024 at 11:39:04
execution proceedings.
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43. Thus, in my view, the Trial Court as well as the First Appellate Court have fallen in error of law in not exercising their inherent powers provided under Section 151 CPC and restoring the possession to the Appellants.
44. Insofar as the second question is concerned, I find merit in the contention of Mr. Mehta that provisions of Sections 96 and 100 CPC do not specify who can file an appeal. As long as a party is 'aggrieved' by the decision of a subordinate court, a second appeal is maintainable. The Appellants are clearly aggrieved by the decision of the courts below as the possession was not restored to them, despite their ownership in the Suit property and possession at the stage of institution of the Suit by the Respondents. Hence, the Appellants are entitled to file the present appeal and the same is maintainable before this Court.
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45. In light of the above discussion, the substantial questions of law are answered in favour of the Appellants and against the Respondents.
46. Accordingly, a decree is passed in the above terms and a direction is issued to the Respondents/Plaintiffs in the Suit bearing No. 607578/2016 to fmihwith hand over vacant and peaceful physical possession of the suit property, bearing shop No. 5308, Shora Kothi, Paharganj, New Delhi to the Appellants herein/Defendant Nos. l(a) and l(c) in the Suit.
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“The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. On 22.03.2021 in RSA 181/2019, this court had passed the following directions:
"46. Accordingly, a decree is passed in the above terms and a direction is issued to the Respondents/Plaintiffs in the Suit hearing No. 607578/2016 to forthwith hand over vacant and peaceful physical possession of the suit property, hearing shop No. 5308, Shora Kothi, Paharganj, New Delhi to the Appellants herein/Defendant Nos. l(a) and 1(c) in the Suit..."
2. The learned counsel for the petitioners submits that the respondents have not handed-over possession of the suit property, therefore, there is non-compliance. Furthermore, no reply has been filed by the respondents.
3. In default of handing-over of possession of the suit property to the petitioners, the court is prima facie of the view that the respondents have committed contempt of court.
4. Issue notice to the respondents to show cause why contempt proceedings be not initiated against them under sections 2(b) and 12 of
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the Contempt of Courts Act, 1971. Notice is accepted by the learned counsel named above for the respondents. Compliance affidavit/reply be filed in four weeks. Rejoinder thereto, if any, be filed before the next date.
5. Renotify on 04.05.2022.”
th 10. At this stage, it is relevant to take note of the order dated 08 April, 2022 passed by the learned Trial Court in the execution petition filed by the petitioners being EX. No. 433/2022 , which reads as under:
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The facts in brief, leading to the present execution petition are that a suit for permanent injunction was filed by the plaintiff who are the JD herein and the said suit was dismissed vide order dated 24.09.2018. Pursuant thereto the defendants in that suit who are the DH herein filed an appeal claiming that they are entitled to the possession of the suit property and that the decree dated 24.09.2018 be modified and the appellant be put in possession of the suit property. The said appeal was dismissed vide order dated 06.05.2019. Aggrieved by the said order, the appellants filed the second appeal to the Hon'ble High Court of Delhi and vide order dated 22.03.2021 the Hon'ble High Court of Delhi directed the respondents/the plaintiffs in the original suit to forthwith hand over the vacant and peaceful possession of the suit property to the appellants. The relevant para of the order of the Hon'ble High Court of Delhi is reproduced herein:
"46. Accordingly, a decree is passed in the above terms and directions is issued to the respondents/plaintiffs in the suit bearing no. 607578/2016 to forthwith hand over vacant and peaceful physical possession of the suit property, bearing shop no. 5308, Shora Kothi, Paharganj, New Delhi to the appellants herein/defendant nos. 1 (a) and 1 (c) in the suit."
Notice of the present execution petition was issued to the JDs and pursuant thereto the counsel has appeared on behalf of JD no. 1 and 3. Memo of appearance filed.
It is submitted by counsel for JD no.1 and 3 that JD no. 1 and 3 are outside Delhi and seeks some time to take the appropriate legal remedy. It is further submitted that he has not received the copy of present execution petition. Copy supplied.
The purpose of notice to the party is to make the party aware
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/05/2024 at 11:39:04
about the initiation of legal proceedings against him. The counsel for JD has appeared today and has been made aware of the present execution petition. The purpose of notice is not to give time to the JD and delay the execution of the decree. Hence, in view of this court, the purpose of notice has been duly served. It is also to be noted as per sub-Rule 2 of Rule 22 the court has the power to waive of the necessity of issuance of a notice in case justice demands so. The said provision is reproduced herein:
Order 21 Rule 22 (2):- Nothing in the forgoing sub-Rule shall be deemed to preclude the court from issuing any process in execution of a decree without issuing the notice thereby prescribed, if for reasons to be recorded, it considers that the issue of such notice would cause unreasonable delay or would defeat the ends of justice.
In the present matter, notice has been served upon the JD no. 1 and 3 and purpose of notice in the opinion of this court is complete. In para 46 of the order dated 22.03.2021 of the Hon'ble High Court of Delhi the JDs were directed to forthwith hand over the physical and vacant possession of the suit property. Till date, the possession has not been restored to the DH hence, the DH has been constrained to file the present execution petition.
In view of the above discussion, this court finds no reason as to why time should be given to the JDs and the DH be made to suffer any further.
Let warrants of possession be issued the suit property bearing no. 5308, Shora Kothi, Paharaganj, New Delhi.
The Concerned SHO is directed to provide the necessary police aid/lady police officials for the execution of the warrants of possession.
Bailiff is directed to break open the locks in case premises are found to be locked and to prepare the inventory of the goods found in the premises. PF be filed today itself.
DH is directed to appear before the Ld. ACJ for appointment of Bailiff today itself.
Put up for report before this court on 27.05.2022.
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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/05/2024 at 11:39:04
handed over to the petitioners.
“1. The present petition has been filed by the petitioner alleging noncompliance of the directions contained in the judgment dated 22.03.2021 passed in RSA 181/2019. The operative directions are as under:
"46. Accordingly, a decree is passed in the above terms and a direction is issued to the Respondents/Plaintiffs in the Suit hearing No.607578/2016 to forthwith hand over vacant and peaceful physical possession of the suit property, bearing shop No. 5308, Shora Kothi, Paharganj, New Delhi to the Appellants herein/Defendant Nos. 1 (a) and 1(c) in the Suit."
2. Admittedly, after the aforesaid order was passed, the petitioner filed an execution petition, pursuant to which, vacant and physical possession of the suit property has been received by the petitioner.
3. Learned counsel for the respondent undertakes not to interfere with the vacant and peaceful possession of the petitioner in respect of the suit property.
4. Notwithstanding the above, learned counsel for the petitioner seeks to press the present petition on the ground that there was wilful noncompliance of the directions of this Court on the part of the respondents. She seeks some time to make submissions in this regard.
5. List on 09.02.2023.
6. Let reply, if any, be filed by the respondents before the next date of hearing.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/05/2024 at 11:39:04
directions were complied by way of taking over the possession of the property in question by virtue of issuing warrants of possession by the Execution Court.
MINI PUSHKARNA, J
MAY 2, 2024/kr
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/05/2024 at 11:39:04
2 issues framed by the court
Whether the respondents committed contempt for failing to promptly hand over possession of property after a direction in RSA No. 181/2019.
Whether an unconditional apology for inadvertent default deserves condonation without punishment.
Smt. Veena Devi & Anr.
Mr. Praveen Kumar & Ors.
Mini Pushkarna
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
