Appeal against contempt?
G. ARAVINTHAN
(Querist) 10 June 2010
This query is : Resolved
There is an order by High Court that tenant has to vacate and hand over possession by end of Dec 2009. Though tenant gave under taking, not complied with order.
Landlord sent notice to tenant to vacate and the same was received by tenant during Jan 2010
Landlord initiated execution proceedings and simultaneously has also filed Contempt during April 2010.
Statutory notice has been issued in
contempt and the same was served to tenant.
Delivery order was ordered by Execution Court and delivery warrent returned as property locked. Landlord filed petitio0n for break open and police help?
Tenant appeared before High Court and state that he has delivered possession 6 months back.
Based on the oral saying, contempt closed during June 2010.
Court not punished the tenant for his disobeyance and act of contempt.
But till date possession is with the tenant.
will there be any relief for the 15 years suffering landlord ?
Is there any provision for appeal?
Surrender K Singal
(Expert) 10 June 2010
Recording, before / by High Court, of tenant's having delivered possession earlier would not let the tenant be in-possession;
Appeal can always be before the next Appellate Court like DB at the same High Court and then before SC, at your own risk as to how the next Court views your Appeal that may add to the pendency of judiciary;
With the recording of tenant's submission, you can assume possession !
G. ARAVINTHAN
(Querist) 10 June 2010
i was told that no appeal can be filed by the contempt petitioner and the right to file appeal vests only with the contemnor.
Uma parameswaran
(Expert) 12 June 2010
File an IA in the existing contempt petition.
G. ARAVINTHAN
(Querist) 12 June 2010
Application for what?
now contempt closed in High Court
G. ARAVINTHAN
(Querist) 12 June 2010
Is it possible for review of order of contempt in High Court?
