JAGDISH GANDHI Vs. STATE

JUDGEMENT

(1.) IN this case an order was passed by this Court in the aforesaid revision petition on 03. 10. 2008 where the following directions were given: 17. Having considered the entire conspectus of the revision petition, I set aside the order of learned SDM dated 18. 05. 2007, delivering the possession of the Shop No. 64 to the respondent No. 2 along and direct that the possession of the respective portions of the shop would be forthwith restored to the petitioners temporarily unless evicted in due course of law and directing the petitioners also that the petitioners would deliver peaceful and vacant possession of the premises as and when required by the civil Court in the proceedings pending before it.

(2.) THE petitioner has not been given the possession of the property despite that even though the matter went upto the Hon"ble Supreme Court where the aforesaid order has been upheld.

(3.) SINCE the order dated 03. 10. 2008 was not being complied with by respondent No. 2 despite it being upheld by the Apex Court, the petitioners filed a contempt petition which is pending before another learned Judge of this Court. They also filed the application subject matter of this order to seek directions against the respondents to comply with the order dated 03. 10. 2008 forthwith. A reply has been filed by respondent No. 2 opposing such a request. It is a matter of record that till such time the order of this Court was upheld by the Supreme court no civil proceedings were initiated by respondent No. 2 in respect of the possession of the disputed property.