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CASE NO.: Review Petition (civil)  5 of 2008

PETITIONER: Chunni lal & Ors

RESPONDENT: Vidya Devi (D) Th. Lrs. & Ors

DATE OF JUDGMENT: 03/03/2008

BENCH: C.K. THAKKER & D.K. JAIN

JUDGMENT: JUDGMENT O R D E R

CONTEMPT PETITION (C) NO. 5 OF 2008 IN SPECIAL LEAVE PETITION (C) NO. 7637 OF 2007

               A grievance was made in this contempt  petition that in spite of an order passed by  this Court and in spite of undertaking given by  respondent No.1 herein, possession has not been  handed over. We, therefore, passed the  following order on January 28, 2008, which read  thus: "Issue notice returnable on 3rd March,  2008.

Meanwhile, if the order passed by this  Court dated May 4, 2007 is complied  with and physical, vacant and peaceful  possession is handed over by the  tenants to the petitioners- landlord(s), it would not be necessary  for the respondents to remain  personally present in the Court, but  if the said order is not complied  with, the respondents will remain  personally present in the Court at  10.30 a.m."

               An affidavit in reply is filed in the  contempt petition. Learned counsel for  respondent No.1 points out that respondent  No.1\027Chunni Lal is present in the Court.  Learned counsel further states that first  respondent is ready and willing to hand over  vacate and peaceful possession of the premises.  In the affidavit in reply also, the respondent  No.1 has stated that he has highest regard for  the order of this Court and he tenders  unconditional and unqualified apology.  Respondent No.1 in the affidavit further states  that he will abide by the order of this Court.                 Learned counsel for respondent No.1  states that if the applicant will remain  present, the peaceful and vacant possession  will be given tomorrow, i.e. 4th March, 2008 at  5.00 p.m.

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               On the facts and in the circumstances  of the case, we accept unconditional and  unqualified apology of respondent No.1. The  contempt proceedings are dropped. Respondent  No.1 will handover peaceful and vacant  possession of the premises to the petitioner  tomorrow i.e. on 4th March, 2008 at 5.00 p.m.