Saini Panchayat v. Om Parkash Thakral

COCP No. 2900 of 2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

COCP No. 2900 of 2017 Date of Decision: January 16, 2020 Saini Panchayat ..........PETITIONER

VERSUS

Om Parksh Thakral ........RESPONDENTS CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. N.K. Malhotra, Advocate for the petitioner.

Mr. Jagdish Manchanda, Advocate for the respondent.

SURINDER GUPTA, J.(Oral) Heard.

This is petition seeking initiation of contempt proceedings against respondent for non compliance of order dated 17.6.2014 passed in Civil Revision No.4130 of 2014, which reads as follows ;- "The parties are directed to maintain status quo with respect to possession subject to payment of market rent by the petitioner to be assessed on the next date of hearing." Vide above order, the parties were directed to maintain status quo with regard to possession of the suit property subject to payment of market rent by the respondent. Learned counsel for petitioner submits that respondent has not paid the market rent or any amount to the petitioner after passing of order dated 17.6.2014.

It is evident from the order dated 17.6.2014 that respondent had to pay market rent "to be assessed" in that petition which admittedly has not DEEPAK KUMAR 2020.01.16 18:06 I attest to the accuracy and integrity of this document been assessed so far. First the petitioner is to seek assessment of market

COCP No. 2900 of 2017 -2rent and then claim the same. As the market rent has not been assessed so far, there is no non-compliance of order dated 17.6.2014. This petition is dismissed with liberty to the petitioner to avail other legal remedy available to him.

Rule discharged.

( SURINDER GUPTA ) January 16, 2020 JUDGE deepak Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No DEEPAK KUMAR 2020.01.16 18:06 I attest to the accuracy and integrity of this document