Case Note & Summary
The case involved a contempt petition filed by Santokh Singh against Om Prakash Singh Yadav concerning the execution of a decree for delivery of possession. The Supreme Court heard the counsel for both parties and noted that an execution case had been filed for the delivery of possession of the premises in question. The court directed the executing court to ensure that delivery of possession was completed by 5th March 2008. It also instructed that if necessary, police force should be deputed within one week from the requisition date to assist in the delivery. Furthermore, the court ordered that any person found in possession of the premises, other than the tenant, should be dispossessed during the execution of the order. The contempt petition was disposed of accordingly.
Headnote
A) Contempt of Court - Execution of Decree - Delivery of Possession - Contempt Petition (Civil) No. 279 of 2007 - The court directed the executing court to ensure delivery of possession by a specified date, with police assistance if necessary, to uphold the decree. Held that the executing court must take necessary steps to enforce the order effectively (Paras Not mentioned).
Issue of Consideration
Whether the executing court should ensure delivery of possession as per the decree.
Final Decision
The Supreme Court directed the executing court to ensure delivery of possession by 5th March 2008, with police assistance if necessary, and to dispossess any unauthorized occupants.
Law Points
- Contempt of Court
- Execution of Decree
- Delivery of Possession
