Full Judgment Text
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CASE NO.:
Review Petition (civil) 5 of 2008
PETITIONER:
Chunni lal & Ors
RESPONDENT:
Vidya Devi (D) Th. Lrs. & Ors
DATE OF JUDGMENT: 03/03/2008
BENCH:
C.K. THAKKER & D.K. JAIN
JUDGMENT:
JUDGMENT
O R D E R
CONTEMPT PETITION (C) NO. 5 OF 2008
IN
SPECIAL LEAVE PETITION (C) NO. 7637 OF 2007
A grievance was made in this contempt
petition that in spite of an order passed by
this Court and in spite of undertaking given by
respondent No.1 herein, possession has not been
handed over. We, therefore, passed the
following order on January 28, 2008, which read
thus:
"Issue notice returnable on 3rd March,
2008.
Meanwhile, if the order passed by this
Court dated May 4, 2007 is complied
with and physical, vacant and peaceful
possession is handed over by the
tenants to the petitioners-
landlord(s), it would not be necessary
for the respondents to remain
personally present in the Court, but
if the said order is not complied
with, the respondents will remain
personally present in the Court at
10.30 a.m."
An affidavit in reply is filed in the
contempt petition. Learned counsel for
respondent No.1 points out that respondent
No.1\027Chunni Lal is present in the Court.
Learned counsel further states that first
respondent is ready and willing to hand over
vacate and peaceful possession of the premises.
In the affidavit in reply also, the respondent
No.1 has stated that he has highest regard for
the order of this Court and he tenders
unconditional and unqualified apology.
Respondent No.1 in the affidavit further states
that he will abide by the order of this Court.
Learned counsel for respondent No.1
states that if the applicant will remain
present, the peaceful and vacant possession
will be given tomorrow, i.e. 4th March, 2008 at
5.00 p.m.
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On the facts and in the circumstances
of the case, we accept unconditional and
unqualified apology of respondent No.1. The
contempt proceedings are dropped. Respondent
No.1 will handover peaceful and vacant
possession of the premises to the petitioner
tomorrow i.e. on 4th March, 2008 at 5.00 p.m.