C contempt petition against non-compliance of a court order directing vacant possession. The court directed the executing court to ensure prompt compliance.
Directed the executing court to ensure prompt compliance of the order dated 08.10.2014.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. Civil Contempt Petition No.43/ 2016
in
S.B. Civil Second Appeal No.261/ 2014 Nand Lal, through LRs. vs. Subhash Chand Jain
Date of Order : 13.01.2016
HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Mr. Rahul Agarwal, counsel for petitioners.
The petitioner has alleged disobedience and non compliance of the order dated 08.10.2014 passed by the Single Bench of this Court in S.B. Civil Second Appeal No.261/ 2014 whereby while recording consent of the learned counsel for the parties, the appellant (respondent herein) was directed to hand over the vacant possession of the premises on or before 31.12.2015. The undertaking of the appellant had also been recorded by the court. It was further clarified by the Single Bench that if the appellant commits violation of the order passed by the court or commits any default in making the payment of the rent, the respondents shall be at liberty to execute the decree without any further order from the court.
Learned counsel for the petitioners has contended that despite the undertaking given by the respondent, the vacant possession of the premises has not been handed over to the petitioner.
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Therefore, this petition is disposed of with a direction to the executing court to ensure prompt compliance of the order of this court dated 08.10.2014.
(ANUPINDER SINGH GREWAL),J.
Mohit 16
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. Mohit Tak, P.A.
Nand Lal
Subhash Chand Jain
ANUPINDER SINGH GREWAL
As recorded by the court registry
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