Supreme court contempt petition

Querist : Anonymous (Querist) 15 November 2011 This query is : Resolved
We have won against the tenant who was carrying business till 2005 in the tenanted shops. Eviction order was confirmed by the Supreme court in SLP as well as Review which was taken out by the tenant himself. I want to file contempt of court against the same tenant who was carrying business in the shop. here the tenant has expired and his legal heirs which were brought on record by the them in the execting court ie his wife. By showing to the SC that after almost about 15-20 years his brother got up suddenly and started filing different cases to stop execution.(eviction from the tenanted shops) Pls. advice is it worth filing contempt in SC against the tenant or his brother who was no where in the picture till 2005.We have won against his brother also in the executing court, District court, high court judgement is awaited yet.

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Devajyoti Barman (Expert) 15 November 2011
Instead of filing the contempt petition, you file execution petition in the trial court.
After the upholding of the decision by the supreme court, the executing court is unlikely to give any leverage to those frivolous applications.

Querist : Anonymous (Querist) 15 November 2011
Execution petion is going on in the trial court,but original tenants brother is filing objection & appealing in district & high court.District court has rejected his claim & now the matter is in hc pending judgement (pending since 2 months)(matter already argued by both parties) Here he just wants to delay the execution proceding to stop landlords from getting the possession.will SC come to our rescue ?

Rajeev Kumar (Expert) 15 November 2011
You should file execution petition in trial court instead of going for contempt of court

Devajyoti Barman (Expert) 15 November 2011
I do not think so unless the supreme court has given a fixed time limit for disposal of the execution case.

Querist : Anonymous (Querist) 15 November 2011
Thanks Sir.
SC has not given any time frame for execution pt. tenants brother has started 2nd round of litgation like as the case of atmaram builders. where in the Sc has taken action against the district judge who stayed the proceedings after the final verdict in favor of the landlord.
My advocate has suggested to file contempt in SC.
Pls. guide me as this matter is going on since 1990 (21 Years now).

Kiran Kumar (Expert) 15 November 2011
almost a similar problem I suffered in my personal case, it has been rightly advised by Mr. Barman that you must file an execution petition...and dont expect any charity to the tenants from the court....courts have gone very strict in such matters...recently SC took note of such incidents and directed the trial courts to order for police help immediately while issuing warrants of possession in execution application.

in case you feel that your execution is being delayed intentionally then you can get the proceedings expedited from the High Court for quick disposal of the matter.

Querist : Anonymous (Querist) 15 November 2011
Thanks Sir,
My adv suggested to file contempt in Sc because of the recent judgemnet of Atmaram builders case of 2011,in SC as the case was going on the possession was given to the landlord & also summoned the district court for staying the SC judgement.In my case the trial court is taking this matter very slowly. The Dist court has already given directions to executing court to finish this matter within 3 months & has dismissed the appeal of the tenant.The teant has appealed in Hc Judgememt awaited.

Supreme court contempt petition

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