SUNIL SHARMA Vs. RAGHUNATH RAI

JUDGEMENT

(1.) In this petition, the petitioner seeks orders to initiate criminal contempt proceedings against the respondents.

(2.) The brief facts necessary for disposing of this petition are that pursuant to an agreement for purchasing an immovable property of the ground floor being No.E-227, Greater Kailash-I, New Delhi, the respondents complaining breach of the contract by the present petitioners predecessor instituted a suit against them on the file of this Court being civil suit no.CS(OS) 1394/1979. The suit was decreed on 16 th July, 1999 and the defendant Sh.Jageshwar Prasad Sharma was directed to execute a sale deed, as well as hand over possession of the premises. Being aggrieved, the said defendant preferred an appeal being RFA(OS) No.54/1999. The Division Bench had suspended operation of the decree during the pendency of that appeal.

(3.) The original appellant, Sh. Jageshwar Prasad Sharma died on 18.02.2008 . To cure the record, the legal representatives of the said original defendant/appellant, who included the present petitioners, filed an application being CM No.3828/2008. The Division Bench issued notice on 14.03.2008 to the respondent/plaintiff. Eventually, the application was allowed on 16.07.2008.