RAJNI RANI GUPTA Vs. BABU RAM

JUDGEMENT

(1.) JUDGMENT

(2.) ADMIT. On 18/05/1994 in an appeal filed by the petitioner, this Court passed an order of injunction restraining the defendants/respondents 1 and 2 from selling, transferring or parting with possession of the properties in question or from creating any encumbrance thereof. By an agreement dated 16/04/1992 respondents 1 and 2 agreed to sell the said properties to respondent No. 3 for a sale consideration of Rs. 20 lacs. Since the sale deed was not being executed by respondents 1 and 2 in favour of respondent No. 3, the said respondent filed a suit being S. No. 1018/95 for specific performance of the agreement to sell dated 1 6/04/1992. In this suit statement was made by the respondents on 14/05/1996 that balance sale consideration of Rs. 15,50,000.00 has been paid by respondent No. 3 to respondents 1 and 2 on 15/02/1996 and the sale deed has also been executed and registered before the Sub-Registrar. The petitioner on coming to know of the fact that the respondents 1 and 2 had sold the property in favour of respondent No. 3 in 1996, filed the present petition under Sections 11 and 12 of the Contempt of Courts Act for initiating contempt against the respondents for their having allegedly violated the orders of this Court dated 18/05/1994. On the petition being filed, the Court on 14/02/1997 issued notice to the respondents to show cause as to why the contempt proceedings be not initiated against them. The petition is continuing till date and no final orders have been passed on that except that on 24/05/1999 the Court directed respondent No. 3 to deposit a sum of Rs. 1,000.00 per month in Court as charges for use and occupation of the premises without prejudice to the rights and contentions of the parties.