Virender Katarmal & Anr vs Vinita Verma
2016 Latest Caselaw 5882 Del

$~33 CCP
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CCP(O)No.67/2016 and IA No.11029/2016 in CS(OS) 3409/2014

       VIRENDER KATARMAL & ANR                  ..... Petitioners
                   Through : Mr. Suman Kr. Singh, Advocate

                           versus

      VINITA VERMA                                      ..... Respondent
                           Through : Mr. Amit Gupta, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                           ORDER

% 07.09.2016

1. The present contempt petition has been filed by the petitioners (defendants in the suit) stating inter alia that the respondent (plaintiff in the suit) is in contempt of the orders dated 14.11.2014 and 14.10.2015.

2. On 14.11.2014, the suit instituted by the plaintiff/respondent was listed for admission and summons were issued to the defendants/petitioners. Further, on the interim application filed by the plaintiff/respondent, the defendants/petitioners were restrained from selling, transferring, alienating or creating any third parties in the suit property till the next date of hearing. However, it was clarified that no stay was granted against letting out the suit premises.

3. The order dated 14.10.2015 records the unwillingness of the defendant No.1 to negotiate a settlement with the other side. As a result, it was observed that the suit would have to be proceeded with on merits. However, no interim order of any nature was passed on the said date.

4. The present contempt petition has been filed on the ground that the plaintiff/respondent, with the help of his accomplices, has changed the lock of the rooms and trespassed into the ground floor of the suit premises.

5. In view of the fact that no interim orders of any nature have been granted against the plaintiff/respondent and in favour of the defendants/ petitioners in the suit, this Court is of the opinion that the contempt petition is not maintainable. The same is accordingly dismissed, along with the pending application.

HIMA KOHLI, J SEPTEMBER 07, 2016 sk