SMT. GAYATRI GUPTA Vs. SMT. RUBY SHARMA

JUDGEMENT

(1.) IN the suit for specific performance of contract dated 4th June, 2007 for sale of one DDA flat in Dwarka entered into between the plaintiff -vendee and the respondent -vendor, who was the sole defendant at the time of the institution of the suit, this Court had by an ex parte order dated 14th September, 2007 restrained the sole defendant Ruby Sharma, who is now the sole respondent in this contempt petition, from creating any third party interest in the suit property till the next date of hearing which was fixed for 13th November, 2007. The respondent -defendant after entering appearance in the suit informed the Court through her counsel on 13th November, 2007 that she had already sold the suit property on 2nd November, 2007. Thereafter the present contempt application was filed by the plaintiff on 18th December, 2007 and notice of the application was issued to the sole defendant at that time, respondent herein. She filed her reply denying the allegation that she had committed contempt of this Court in any manner.

(2.) THOUGH in the entire contempt application the plaintiff had simply pleaded that the defendant had been served with the injunction order but it was not pleaded as to in what manner the respondent -defendant no. 1 had committed contempt of this Court. However, during the course of hearing it was clarified by the counsel for the plaintiff that the defendant had committed contempt of Court by selling the suit property on 2nd November, 2007 to two persons (who already stand impleaded in the suit now as defendant nos. 2 and 3), despite the stay order of this Court having been served upon her in September, 2007 itself.

(3.) THEREFORE , there is no contempt committed by the respondent Ms. Ruby Sharma.