MAHANT LALITA SHARANJI versus DEOKI DEVI

MAHANT LALITA SHARANJI versus DEOKI DEVI

Deoki Devi wilfully and knowingly disobeyed the Supreme Court's interim order and undertaking, used the property for residential and commercial purposes in violation of the court's directions, and is therefore guilty of civil contempt.

Parties
Petitioner: Mahant Lalita Sharanji; Respondent: Deoki Devi
Jurisdiction
India
Judgment Date
16 February 2018
Procedural Posture
Contempt Petition (civil) / Final Judgment
Outcome
Respondent found guilty of civil contempt; sentenced to simple imprisonment for 3 months and fine of Rs.2000, subject to suspension if compliance with direction to remove construction and hand over vacant possession is achieved.
Legal Topics
Violation of Interim Injunction, Disobedience of Court Orders, Civil Contempt, Undertaking to Court
Contempt of Court Civil Procedure Violation of Interim Injunction Disobedience of Court Orders Civil Contempt Undertaking to Court

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Parties

Mahant Lalita Sharanji

Petitioner

Deoki Devi

Respondent

Procedural Posture

Contempt Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether the respondent wilfully and knowingly disobeyed the interim order of injunction and her solemn undertaking to the Supreme Court
  2. 2 Whether the respondent is guilty of civil contempt for raising construction and using the property for habitation and commercial purpose

Ratio Decidendi

Deoki Devi wilfully and knowingly disobeyed the Supreme Court's interim order and undertaking, used the property for residential and commercial purposes in violation of the court's directions, and is therefore guilty of civil contempt.

Court Disposition

Respondent found guilty of civil contempt; sentenced to simple imprisonment for 3 months and fine of Rs.2000, subject to suspension if compliance with direction to remove construction and hand over vacant possession is achieved.

Orders

  • Sentence of imprisonment suspended if respondent removes entire construction and hands over vacant and peaceful possession of the land within 30 days as directed in Civil Appeal No. 394 of 2009.
  • List on 02.04.2018 for ensuring compliance.