Non-compliance with court orders and failure to vacate premises despite an undertaking may warrant the issuance of bailable warrants and coercive measures to ensure compliance with the court's order.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. This is a petition seeking directions to Respondent Nos. 1 & 3 to comply with order dated 24th September, 2018 passed by Respondent No.2-District Magistrate, District West, 3 - Shivaji Place, Raja Garden, New Delhi-110027 in Case no. 34 of 2017/1731 titled `Shri Chatur Sain v. Smt. Jayanti Khanagwal' under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Vide the said order, Respondent No.2 has directed to handing over the possession of property bearing No. A1/232, Paschim Vihar, New Delhi-110063 to the Petitioner.

3. It has to be noted that vide order dated 18th October, 2022, passed in WP(C)No.14709/2022 titled "Jayanti Khanagwal v. Chatur Sain & Ors." preferred by the daughter-in-law, Mrs. Jayanti Khanagwal - Respondent No.4 in the present case, an undertaking was given to the effect that she would vacate the premises within three weeks from the date of the order. The relevant observation of the said order is set out below:

"4. Notwithstanding the above and bearing in mind the fact that the petitioner is staying alone in the premises in question along with an eleven year old child, the Court is of the opinion that the ends of justice would warrant reasonable time being accorded to her to vacate the premises in question and to move to another accommodation which is stated to have been purchased and identified by the husband, the respondent No.3 here.

5. Learned counsel appearing for the said respondent has placed for the perusal of the Court a copy of an Agreement to Sell dated 09 March 2021 in respect of a property situate in Build-up upper ground floor in property bearing Nos.62 and 63, Khasra No.9/10, Shiv Vihar Block-B, Nilothi Extn. New Delhi-110041 and submits that he shall accompany and facilitate the petitioner moving into the aforesaid premises which are owned by him. Learned counsel for the petitioner submitted that if respondent No.3 were to make appropriate arrangements for her stay in the identified premises, she would have no objection to vacate the premises in question and give up the challenge to the impugned orders.

6. In view of the aforesaid, the Court closes the instant proceedings with the direction that the petitioner shall duly vacate the premises in question not later than within three weeks from today. The third respondent shall duly facilitate the movement and shifting of the petitioner to the premises which are owned by him and make appropriate arrangements for the residence of the petitioner and her child. Respondent No.3 shall also provide all property related papers to the petitioner to enable her to verify the same and satisfy herself with regard to the interest which is stated to be vested and existing in favour of respondent No.3."

4. It is evident from the above order dated 18th October, 2022, that the daughter-in-law, Mrs. Jayanti Khanagwal-Respondent No.4 had given an undertaking that she would vacate the premises within three weeks from the said date. Despite this position, Respondent no.4 has not handed over the possession of the property to the Petitioner, who is the father-in-law.

5. On 20th December, 2022, ld. Counsel appearing for the GNCTD as also the Tehsildar submitted that the order would be enforced and steps for eviction would be taken. Accordingly, this Court directed that the order be given effect to and the report be filed at least two weeks before the next date of hearing.

6. Mr. Vashisht, ld. Counsel appearing for the GNCTD and SDM has handed over a report dated 7th February, 2023 which reads as under:

"1. That the matter regarding eviction/vacating of House No. A1/232,Paschim Vihar, New Delhi from Smt. Jayanti Khanagwal & her husband Sh. Dushyant Khangwal was taken up on 05-01-2023 and a team consisting of Revenue field staff of sub-Division, Punjabi Bagh under the supervision of undersigned alongwith police force visited the site for implementa