DWARKA NATH Vs. JUGAL KISHORE ARORA AND ANR.

JUDGEMENT

(1.) THIS order will dispose of CACP Nos. 2 and 7 of 2010 as both the appeals have been filed by the alleged contemner in the same proceedings. CACP No. 2 of 2010 has been filed against finding recorded by learned Single Judge vide order dated 17.8.2010 holding the Appellant guilty of wilful and intentional disobedience to orders of this Court and giving him one week's time to purge the contempt. CACP No. 7 of 2010 is against further order dated 29.11.2010 allowing disposal of goods from the premises in dispute for enforcing order of this Court dated 29.5.2009 of which disobedience is in question.

(2.) RESPONDENT No. 1 -contempt Petitioner filed a suit for specific performance of agreement to sell dated 12.1.2000 executed by the Appellant in his favour along with three other original Defendants. Since the other three Defendants did not contest the suit and admitted the claim of the Plaintiff, the sale deeds were executed by them with regard to their shares of the property. The Appellant contested the suit. One of the grounds for defence was that for 1/6th of the share, the Appellant had already entered into an agreement to sell which was subject matter of a suit already filed by the proposed vendees in the said agreement. It is now pointed out that though the trial Court did not grant decree for specific performance in the suit filed by Punit Kaur, the lower Appellate Court granted a decree against which appeal was pending in this Court. The suit of the contempt -Petitioner was decreed on 24.2.2006 by the trial Court against which appeal of the Appellant was dismissed on 1.3.2008 with the modification to the following effect:

(3.) FINALLY the Court directed the Appellant to hand over possession to the decree holder within three weeks. The operative part of the order is as under: