VED PRAKASH Vs. ASHOK MEHTA

JUDGEMENT

(1.) This is a petition under sections 11 and 12 of the Contempt of Courts Act, 1973 filed by the petitioners against the respondents-contemnors on the plea that they have violated an undertaking given by them to this Court on 7th July, 2000. Petitioner No.1 is the owner of the property bearing No.C-52, Soami Nagar, New Delhi. The petitioners filed a suit for possession and damages being S.No.777/98 titled as Ved Parkash & Anr. Vs. M/s.Marudhar Services Ltd. and another. During the pendency of this suit, application was filed under Order 12 Rule 6 CPC by the petitioners. This application was allowed and the suit was decreed for possession. On 26th May, 2000 the decree for possession of the first floor of the said property comprising of three bedrooms with attached bathrooms, drawing/dining, kitchen, family lounge was granted in favour of the plaintiffs and against the defendants-respondents herein. Thereafter the petitioner filed an execution petition being Ex.No.114/2000 for execution of the decree dated 26th May, 2000. This Execution Petition was disposed of in terms of the order dated 7th July, 2000. The order passed by the Court on 7th July, 2000 reads as under

(2.) The Judgment Debtors, in accordance with the undertakings furnished to the Court, shall hand-over vacant and peaceful physical possession of the suit property to the Decree Holder Ved Prakash on or before 31st January, 2001 and shall not part with the possession to any other person.

(3.) Learned counsel for the plaintiff/Decree Holder prays that, in view of the undertakings having been accepted by the Court, the Execution be disposed off. Execution Petition stands disposed of in terms of the undertaking. Learned Counsel for the Judgment Debtors submits that the costs of Rs.5000/- shall be paid to learned Counsel for the Decree Holder within one week. July 7, 2000 JUDGE