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2021 Supreme(UK) 270
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Sahil Kumar Dutta - Appellant
Versus
Shiv Kumar & Anr. - Respondents
Contempt Petition No. 341 of 2021
Decided On : 23-10-2021
Mohd. Matloob, Advocate, B.M. Pingal, Advocate
Compliance with court orders for handing over vacant possession.
Headnote:
Compliance - Vacant Possession - The court found that the opposite party had handed over vacant possession of the shop to the petitioner, albeit with a slight delay, leading to the closure of the contempt petition.
Fact of the Case:
A coordinate Bench had granted time to the opposite party to hand over vacant possession of the shop to the petitioner, which was done with a delay of about two weeks.
Finding of the Court:
The court found that vacant possession of the shop had been handed over to the petitioner, and therefore concluded that the order passed by the Writ Court had been complied with, leading to the closure of the contempt petition.
Issues: Compliance with the order for handing over vacant possession of the shop.
Ratio Decidendi: The key legal provision discussed by the court was the compliance with the order for handing over vacant possession, which influenced the decision to close the contempt petition.
Final Decision: The contempt petition was closed, and notice issued to the opposite party was discharged.
JUDGMENT
Manoj Kumar Tiwari, J. - A coordinate Bench of this Court had granted time to opposite party till 31.07.2021 for handing over vacant possession of the shop in question to the petitioner.
2. Learned counsel for the parties are unanimous on the point that vacant possession of the shop in question has been handed over to the petitioner, although with delay of about two weeks.
3. Since vacant possession of the shop has been handed over to the petitioner, therefore, this Court is of the considered opinion that the order passed by Writ Court has been complied with.
4. Accordingly, the contempt petition is closed. Notice issued to the opposite party is hereby discharged.
