M. R. Shah, J. - (1.) Present petition has been filed for non-compliance of the order dated 05.05.2017 passed in this Court in Special Leave Petition (C) No.10022 of 2016.
(2.) Litigation started between the father and daughter namely Jodha Ram and Kaushaliya. Smt. Kaushaliya filed a suit for injunction against her father Jodha Ram with respect to some of the properties. Jodha Ram - father filed a counter claim. Smt. Kaushaliya lost before the Learned Trial Court. However, the counter claim came to be allowed. The matter was ultimately reached to this Court by way of Special Leave Petition (C) No.10022 of 2016. Pursuant to the order passed by this Court dated 24.10.2016, the matter was referred to the Mediation Centre, Supreme Court to explore the possibility of amicable settlement between the parties. Both the parties entered into a settlement agreement dated 10.02.2017. As per the settlement both the parties agreed as under: "1. It is agreed between the parties that Respondent No.1 (Shri Jodha Ram) i.e. Father of the Petitioner shall purchase another plot bearing No.55, Hudco Scheme, D-Circle, Kirti Nagar, Jodhpur, Rajasthan, admeasuring (30 X 13) 390 Sq.Ft., and get it registered in the name of the Petitioner Ms. Kaushaliya within four weeks from the final settlement/consent order of this Hon'ble Court. 2. It is also agreed the parties that the entire sum for the registry, stamp duty, mutation etc. would be borne by the Respondent No.1 Mr. Jodha Ram. 3. It is agreed between the parties that in view of the Respondent No.1 buying the property as mentioned in clause - 1 and 2 of this settlement agreement, the petitioner shall handover complete, vacant and peaceful possession of the disputed properties (as shown in site map annexed by Petitioner in original Civil Suit No.29 of 2010 filed before Additional Civil Judge, Junior Division, Jodhpur, Rajasthan) bearing Plot No.29D, land adjoining 29D (four parts) and land adjoining 29D (two parts) forming part of Meera Bhawan, Ship House, First Polo, Pawta, Jodhpur, Rajasthan and undisputed properties bearing Plot Nos. 29, 29A, forming part of Jodha Bhawan, Ship House, First Polo, Pawta, Jodhpur, Rajasthan to the Respondent No.1. 4. It is agreed between the parties that complete, vacant and peaceful possession of the properties mentioned in clause no.2 of this settlement agreement shall be handed over by the petitioner to the respondent no.1 simultaneously on respondent no.1 handling over registry and sale documents of property mentioned in clause - 1 of this settlement agreement in favour of the petitioner. The petitioner undertakes not to create any third party right in any manner in respect of the said property till the final settlement. 5. It is agreed between the parties that all necessary steps shall be taken by each party within eight weeks to withdraw all pending litigations between the parties shall be withdrawn by each within four weeks from the final settlement/consent order of this Hon'ble Court. 6. It is agreed between the parties that the petition pending before the sessions court Jodhpur, Rajasthan titled Kailash Vs. Jodha Ram, Kaushaliya and Ors. bearing case no.9 of 2011 will also be settled between the parties. Aforesaid petition is with regard to ten LIC bonds of Rs.50,000/- each bearing Nos.104200480, 104200481, 104200482, 104200483, 104200484, 104200485, 104200486, 104200487, 104200491 and 104200501, date of proposal of all bonds being 19.03.2007 and date of commencement of being 20.03.2007 for a term of ten years, totaling Rs.5 Lakh, the proceeds of which shall be shared in equal proportion between the petitioner and Respondent No.2 herein Shri Kailash by way of two separate cheques of equal amounts to be received by petitioner and Respondent No.2 from LIC. 7. By signing this agreement, the parties hereto solemnly state and affirm that they have no further claims or demands against each other in respect of the property measuring on all the disputes and differences between the parties relating to the subject matter of the suit have been amicably settled by the parties hereto through the process of mediation. 8. The parties undertake to abide by the terms and condition set out in the above-mentioned Agreement, which have been arrived without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth.
(3.) This Court vide order dated 05.05.2017 disposed of the aforesaid Special Leave Petition in terms of the Settlement Agreement dated 10.02.2017. This Court directed that both the parties shall abide by the settlement. This Court also further directed the petitioner - Kaushaliya to vacate the premises within 10 days and simultaneously she would be provided further accommodation which has been agreed to by the respondent. The petitioner - Kaushaliya handed over some portion of the premises. However, did not hand over all the properties/entire properties which she was required to hand over as per the Settlement Agreement and the order passed by this Court. Therefore, the respondent - father did not hand over the possession of the premises which he was required to hand over by the petitioner - Kaushaliya. Execution proceedings were initiated in which Kaushaliya and two persons namely Ramu Ram Vishnoi and Rampal Bishnoi applicants in M.A. No.2485 of 2018 also submitted their objections claiming to be in possession of some of the properties namely Plot Nos.29 and 29A forming part of Jodha Bhawan, Ship House (hereinafter referred to as disputed premises). As the respondent did not hand over the properties to the petitioner - Kaushaliya, which she was required to hand over as per the order passed by this Court she has preferred the present Contempt Petition No.1868 of 2018 alleging noncompliance of the order passed by this Court in SLP (C) No.10022 of 2016 by the respondent father - Jodha Ram. In the Contempt Petition, Jodha Ram and others have filed I.A. No.30045 of 2019 for an appropriate order directing the Executing Court to hand over the vacant and peaceful possession of entire Meera Bhawan and Jodha Bhawan in terms of the Settlement Agreement dated 10.02.2017 and the orders dated 05.05.2017 and 11.12.2018 passed in present proceedings. Order passed by this Court dated 11.12.2018 is as under: "After hearing learned counsel for the parties at length and, particularly, after perusing the order dated 13.09.2017 of the Executing Court, we adjourn these matters by four months. We may record that in the Settlement Agreement, which was arrived at between the petitioner and her father, it was agreed by the petitioner that she would handover vacant possession of Jodha Bhawan and Meera Bhawan to her father. Now she has come up with the plea that only a portion of the said house was in her possession which she has vacated and other portions are in possession of third parties. It is in respect thereof that execution proceedings are pending. We also find from the records that insofar as Respondent No.1/father of the petitioner is concerned, he has purchased one house which is to the liking of the petitioner herself and to show his bona fide, he has deposited the keys thereof as well with the Executing Court. His only plea is that the possession thereof should be handed over to the petitioner after he gets possession of Jodha Bhawan and Meera Bhawan. In the circumstances, we impress upon the Executing Court to expedite the execution proceedings.";