Meenu Jha & ANR v. Sunny Thomas & ORS

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 107/2016 & CM No.4308/2016 MEENU JHA & ANR ..... Petitioners Through:

Mr. Arun Srivastava, Adv.

versus SUNNY THOMAS & ORS ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 06.04.2016 CM No.4308/2016 Allowed, subject to just exceptions.

CONT.CAS(C) 107/2016 1.

Learned counsel for the petitioners submits that the petitioners are the owner in settled possession of ground floor flat on Plot No.886/1-C, Ward No.8, Min, Mehrauli, Tehsil- Hauz Khas, New Delhi till 17th April, 2015 and they were forcibly dispossessed by the respondents on 18th April, 2015. It is further submitted that petitioners have filed a FIR for criminal trespass against the respondents and the investigation is going on. Learned counsel for the petitioners submits that the possession of the petitioners has been admitted by the respondents in para 40 of the judgment dated 17th April, 2015 passed by the Civil Judge in civil suit between the parties. It is submitted that the dispossession of the defendants is in violation of the judgment dated 17th April, 2015. Certified copy whereof has been filed with the petition as Annexure P1.

2.

On careful consideration of the contentions raised by the petitioners,

this Court is of the considered view that no case for initiating proceedings for contempt are made out. The petition is, therefore, dismissed. The petitioner is at liberty to avail appropriate legal remedies available to him in accordance with law against the defendants.

J.R. MIDHA, J.

APRIL 06, 2016 ak