NAFIS AHMAD Vs NARAIN SINGH .
Bench: T.S. THAKUR,C. NAGAPPAN
Case number: CONMT.PET.(C) No.-000119-000119 / 2013
Diary number: 31513 / 2011
Advocates: J. M. KHANNA Vs
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Non-reportable
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
CONTEMPT PETITION (CIVIL) NO.119 OF 2013
IN CIVIL APPEAL NO.8572 OF 2003
Nafis Ahmad & Another ... Petitioners versus
Narain Singh & Others ... Respondents
J U D G M E N T C. NAGAPPAN, J.
1. The petitioners have sought for punishing the
respondents for willful disobeying the judgment
and decree dated 10.12.2007 of this Court in Civil
Appeal No.8527 of 2003.
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2. The case of the petitioners is that they were put in
possession of the suit property pursuant to an
agreement of sale with the owners on 3.5.1950
and they filed suit for declaration of their title and
permanent injunction on 12.7.1996 and the suit
was decreed but on appeal it was reversed by the
Appellate Court and the High Court confirmed the
same in second appeal and the petitioners
preferred further appeal to this Court in Civil
Appeal No.8572 of 2003, and during the pendency
of the appeal the matter was settled and a
Compromise Petition under Order 23 Rule 3 CPC
was filed and this Court disposed of the civil appeal
on the terms enumerated in the compromise
petition, by judgment dated 10.12.2007 and the
petitioners thus became owners of the property.
The petitioners have alleged that respondent No.3
Ashiq Ali was a respondent in the civil appeal
before this Court, admitting the title of the
petitioners to the suit property. But respondent
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No.1 Patwari and Respondent No.2 Tahsildar have
recorded the name of respondent No.3 namely
Ashiq Ali in Khasra No.1276/1 in the year 2011
defying the decree of this Court.
3. Respondent No. 3 though served has not chosen to
appear either through counsel or in person in this
petition. Heard the learned counsel for the parties.
4. It is true that a compromise petition under Order
23 Rule 3 CPC came to be filed in Civil Appeal
No.8572 of 2003 and this Court disposed of the
appeal on the terms enumerated in the
compromise petition. The terms of the
compromise petition are relevant and are extracted
below:
“The Petitioners have compromised with the legal heirs of deceased-Nabbu Khan at Rs.1,45,051/- (Rupees one lakh forty five
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thousand fifty one only) and the said legal heirs of deceased-Nabbu Khan received this money. Therefore from today onwards the legal heirs of the said Nabbu Khan shall have no concern with the lands in dispute bearing Survey Nos.1276/1 measuring 19 bighas; 1276/2 measuring 12 bighas and 1279 measuring 11 bighas and 19 biswas, the new Settlement numbers whereof are 1166 measuring 2-46 Hect; 1170 measuring 1-96 Hect i.e. total area 4-42 Hect., government cess Rs.70.32. The petitioners have been in continuous possession of the aforesaid lands since the times of their father. Petitioners-Mushtaq Ahmad etc., shall continue to remain owners and occupiers of the aforesaid lands. ……. We, the defendants/respondents and legal heirs of Nabbu Khan shall not raise any objection whatsoever in future in this regard.”
5. It reveals that the petitioners herein have
compromised with the legal heirs of deceased-
Nabbu Khan with the lands in dispute and they
admitted ownership of the petitioners and
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undertook not to raise any objection in future.
Respondent No.3 Ashiq Ali is the legal heir of
original Respondent No.2 in the Civil Appeal
namely Maseet Ali and he was impleaded as such
in the appeal. The legal representative Nos. 2(i) to
2(iv) of deceased original respondent No.2 Maseet
Ali did not appear in the civil appeal though served
and they did not enter into compromise with the
petitioners. This Court disposed of the civil appeal
declaring the rights of the petitioners vis-à-vis and
the legal heirs of deceased –Nabbu Khan on the
terms of compromise petition.
6. In such circumstances, there is no willful
disobedience on the part of the respondents as
alleged by the petitioners.
7. The Contempt Petition is, therefore, closed.
However liberty is given to the petitioners to
pursue the appropriate remedy available in law.
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…………………………….J. (T.S. Thakur)
……………………………J. (C. Nagappan)
New Delhi; February 04, 2014