Seema Thakur v. Panchi Devi & ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 913/2015 & CM APPL. 10449/2016 SEEMA THAKUR ..... Petitioner Through: Mr. Vijay Kapoor, Attorney of petitioner.

versus PANCHI DEVI & ORS ..... Respondents Through: Mr. R.K. Trakru, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 02.08.2016 Present contempt petition had been filed alleging wilful disobedience of the order dated 29th January, 2015 passed in CS(OS) 2211/2003 as according to the petitioner criminal proceedings were not withdrawn by the respondents in accordance with the consensual order even after receipt of possession of the property.

Learned counsel for respondents states that the criminal proceedings have now been quashed and the order in question stands complied with. However, the Attorney of the petitioner states that respondents should be asked to reimburse the expense of Rs.2 lacs that petitioner incurred on filing of the present petition as well as contesting criminal proceedings. This Court is of the opinion that in contempt jurisdiction, respondents cannot be asked to pay expenses, if any. Accordingly, present contempt

petition and application are closed. However, petitioner is given liberty to file a suit for recovery. This Court clarifies that it has not expressed any opinion on the merits of the controversy. Rights and contentions of all parties are left open.

MANMOHAN, J AUGUST 02, 2016 js