KAUSHALIYA Vs. JODHA RAM

JUDGEMENT

(1.) Present petition has been filed for non-compliance of the order dated 05.05.2017 passed in this Court in Special Leave Petition (C) No.10022 of 2016.

(2.) Litigation started between the father and daughter namely Jodha Ram and Kaushaliya. Smt. Kaushaliya filed a suit for injunction against her father Jodha Ram with respect to some of the properties. Jodha Ram - father filed a counter claim. Smt. Kaushaliya lost before the Learned Trial Court. However, the counter claim came to be allowed. The matter was ultimately reached to this Court by way of Special Leave Petition (C) No.10022 of 2016. Pursuant to the order passed by this Court dated 24.10.2016, the matter was referred to the Mediation Centre, Supreme Court to explore the possibility of amicable settlement between the parties. Both the parties entered into a settlement agreement dated 10.02.2017. As per the settlement both the parties agreed as under:

(3.) This Court vide order dated 05.05.2017 disposed of the aforesaid Special Leave Petition in terms of the Settlement Agreement dated 10.02.2017. This Court directed that both the parties shall abide by the settlement. This Court also further directed the petitioner - Kaushaliya to vacate the premises within 10 days and simultaneously she would be provided further accommodation which has been agreed to by the respondent. The petitioner - Kaushaliya handed over some portion of the premises. However, did not hand over all the properties/entire properties which she was required to hand over as per the Settlement Agreement and the order passed by this Court. Therefore, the respondent - father did not hand over the possession of the premises which he was required to hand over by the petitioner - Kaushaliya. Execution proceedings were initiated in which Kaushaliya and two persons namely Ramu Ram Vishnoi and Rampal Bishnoi applicants in M.A. No.2485 of 2018 also submitted their objections claiming to be in possession of some of the properties namely Plot Nos.29 and 29A forming part of Jodha Bhawan, Ship House (hereinafter referred to as disputed premises). As the respondent did not hand over the properties to the petitioner - Kaushaliya, which she was required to hand over as per the order passed by this Court she has preferred the present Contempt Petition No.1868 of 2018 alleging noncompliance of the order passed by this Court in SLP (C) No.10022 of 2016 by the respondent father - Jodha Ram. In the Contempt Petition, Jodha Ram and others have filed I.A. No.30045 of 2019 for an appropriate order directing the Executing Court to hand over the vacant and peaceful possession of entire Meera Bhawan and Jodha Bhawan in terms of the Settlement Agreement dated 10.02.2017 and the orders dated 05.05.2017 and 11.12.2018 passed in present proceedings. Order passed by this Court dated 11.12.2018 is as under: