MAHESH CHANDRA VERMA Vs. SHOBHIT MISHRA

JUDGEMENT

(1.) The contempt proceedings in the present matter have been initiated against Sri Shobhit Mishra, Harshit Mishra, Hansraj Bhadauria and Subhash Chandra Gautam pursuant to a reference dated 18.10.2012 made by Sri Mahesh Chandra Verma, Civil Judge (Junior Division), Meerut.

(2.) In Original Suit No. 224 of 1987, which was instituted for possession over the disputed property, the judgment and decree was passed on 29.1.2000 directing the defendant no. 1 to execute sale-deed after receiving Rs. 8166.50 from decree-holder and hand over possession within two months failing which the Court shall take steps for execution of sale-deed. The decree holder Murlidhar died and substituted by his legal heir, Smt. Santosh Bala. On an application made by decree-holder Smt. Santosh Bala nominating Sri Ashok Kumar Gupta and Smt. Sarita Gupta requesting for execution of sale-deed in their name, the Court accepted the same vide order dated 15.9.2008 in Execution Case No. 3 of 2000, allowed Sri Ashok Kumar Gupta and Smt. Sarita Gupta to be impleaded as applicants no. 6 and 7. Ultimately the sale-deed was executed and registered on 21.2.2009 through the Court. The Court also passed an order on 2.3.2009 issuing order for possession whereupon the Court Amin submitted a report on 18.3.2009 requesting for Police help for execution.

(3.) The decree-holder also moved an application on 25.3.2009 requesting Court to direct for giving possession of disputed property after demolition of construction raised thereon with the help of Police.