Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
CONTEMPT PETITON [C] NO.313 OF 2007
IN
SPECIAL LEAVE PETITION [C] NO.17948 OF 2006
Goli Bhaskara Rao ...Appellant(s)
Versus
Reddy Venkateswasra Rao & Anr. ...Respondent(s)
O R D E R
st
This Court, on 21 August, 2007, passed the following
order:
“While dismissing the special leave
th
petition on 13 November, 2006, dispossession
st
of the petitioners was stayed till 31 of
August, 2007, subject to the petitioners filing
the usual undertaking within four weeks from
the date of the order. Pursuant to the said
order, undertaking was filed in this Court.
The present application has been filed by the
petitioners-applicants, seeking extension of
st
the order of dispossession till 31 December,
2007.
Mr. Gireesh Kumar, Adv. appearing for
the respondent agrees to the extension being
th
allowed up to 30 of September, 2007.
Accordingly, the dispossession of the
petitioners-applicants from the premises in
th
question is extended till 30 of September,
2007. Needless to mention, the petitioners
shall hand over the vacant and peaceful
possession of the premises to the respondent on
th
or before the 30 of September, 2007.
The I.A. stands disposed of accordingly.”
...2/-
- 2 -
In pursuance of the order of this Court, referred to
above, the petitioner was under an obligation to hand over
st
possession of the premises on or before 31 August, 2007.
Learned counsel appearing on behalf of the
petitioner, namely, Goli Bhaskara Rao, submitted that
possession has yet not been given.
The petitioner has filed this contempt petition in
which notice was issued by this Court. Despite service of
notice, the respondents, namely Reddy Venkataeswar Rao and
Reddy Koteswara Rao, are not present. In this view of the
matter, we direct the District Judge, Visakhapatnam, Andhra
Pradesh, to take possession of the property in question and
hand over the same to the petitioner, namely, Goli Bhaskara
Rao. The learned District Judge is requested to send a
report to this Court within four weeks from today. The
learned District Judge would be entitled to take police
assistance, if so required.
The contempt petition is, accordingly, disposed of.
......................J.
[DALVEER BHANDARI]
......................J.
[DR. MUKUNDAKAM SHARMA]
New Delhi,
October 23, 2009.