AND CONTEMPT APPEAL No.15 of 2024 JUDGMENT: (per Hon’ble Sri Justice P.SAM KOSHY Heard Mr.G.Allabakash, learned counsel for the appellants and Mr.Baglekar Akash Kumar, learned counsel for the respondents and perused the record.

2. Today when the matter is taken-up for hearing, in the course of deliberations upon certain suggestions being put forth by the Bench, learned counsel for the appellants contended that infact the appellants have been forcibly evicted from the subject premises from October, 2022. Since then, the subject premises are under lock and key put by the landlord. Though this aspect has been disputed by learned counsel for the respondents, yet another suggestion put forth by the Bench, as to whether the appellants have any objection or dispute over the land to take over the possession of the subject premises and makes use of the same as per their choice and option, learned counsel for the appellants submitted that the appellants do not have any objection on the same. Further, as regards the payment of Rs.9, 06,000/- that was ordered by the trial Court in I.A.No.251 of 2023 in O.S.No.152 of 2023 filed under Order 15 A Rule 1 read with Section 151 of Cr.P.C, the appellants have already paid Rs.5.00 lakhs to the respondents by virtue of interim order passed by this Court dated 20.09.2024. The balance of 4.00 lakhs is still to be paid and learned counsel for the appellants submits that given a period of six weeks time, the balance of Rs.4,00 lakhs would also be paid to the respondents.

3. Learned counsel for the respondents, however, submits that lock and key put upon the subject premises is still that of the appellants. In addition, the premises as a whole had not been vacated as there are medical equipments belonging to the appellants still lying in the said premises, which by itself established that the appellants were in possession of the subject premises. Nonetheless learned counsel for the respondents submits that if the appellants are ready to remove the medical equipments and other fixtures in the said premises belonging to them within stipulated period of time and hands over the vacant possession to the respondents, he can still instruct the respondents to drop the proceedings that have been pending before the trial Court. As what all the respondents are more concerned about in getting possession of the premises at the earliest.

4. Taking into consideration the entire factual matrix that fell during the course of deliberations between the parties, we are of the considered opinion that the present Contempt Appeal can also be disposed of in the light of undertaking given by the appellants.

5, We, accordingly, hold that the appellants shall ensure removal of all the equipments and other fixtures and furniture in the said premises by 15.11.2025 and handover the vacant premises to the respondents. We further hold that as regards the balance of Rs.4.00 lakhs is concerned, the appellants shall ensure paying the said amount by 15.12.2025. We further hold after 15.11.2025 even if the appellants did not remove the said equipments and fixtures attached to the said premises, the respondents shall be at liberty to take possession of the premises and ensure that the equipments and furniture are kept somewhere, it is for the appellants to come and collect at their own convenience. In such an event, the appellants should not have any claim over any loss or damage to the said equipments and furniture.

6. With the aforesaid directions and observations, the Contempt Appeal stands disposed of. No costs.

As a sequel, miscellaneous petitions, pending if any, shall stand closed.

__________________ P.SAM KOSHY, J _______________________________ SUDDALA CHALAPATHI RAO, J

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30.10.2025

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