(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. The applicant has prayed for initiation of the contempt proceedings against the opponent herein. The applicant was original respondent in Civil Revision Application No.534 of 1997, filed by the opponent herein. The said revision application called in question the legality of the judgment of the Civil Courts, directing the revision petitioner to vacate the premises belonging to the present applicant.
2. While dismissing the said revision petition, by order dated 12.5.2011, learned Single Judge of this Court further directed as under:-
"5. Time to vacate the premises in question is granted up to 31.12.2011, on condition that the applicants will file an Undertaking before this Court within a period of three weeks from today to the effect that he will vacate the premises before the said date."
3. Since even by 31.12.2011, the opponent herein did not vacate the premises, the applicant has moved the present contempt petition, contending that the opponent has committed contempt of the Court.
4. Having heard the learned counsel for the parties, we notice that the learned Single Judge in his order dated 12.5.2011, has granted conditional extension for vacating the premises. The condition being that the opponent herein shall have to file an undertaking before the Court within three weeks from the date of the order and he will vacate the premises before 31.12.2011. Admittedly, no such undertaking was filed. In that view of the matter, we do not find that the opponent has committed any breach of the undertaking and consequently, any contempt. At best, when he failed to file undertaking, which was a condition, based on which the extension for vacating the premises was granted, the conditional order of extension would come to an end. Therefore, instead of waiting till 31.12.2011, the applicant could have sought eviction of the opponent as soon as the period of three weeks from 12.5.2011, which was granted for filing undertaking was over.
5. Be that as it may, we find no merits in this application. It is open for the applicant to seek execution of the orders passed by the Civil Courts as confirmed by this Court, in accordance with law. The application is dismissed.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top