- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION No. 23 of 2009 Smt. Laxmibai Ramji (deceased, represented through L.Rs.) ... Petitioners Vs. Mrs. Ramabai Wamanrao Wagh (deceased, represented through L.Rs. ... Respondents *** Ms. Madhuri Gosar, for the petitioners. Mr. V. A. Gangal i/b Ashok Gade, for respondent Nos. 1 & 3. *** CORAM : R. V. MORE, J. DATE : JULY 10, 2009. PC :- 1. Heard the learned counsel for the respective parties. The petitioners are the landlords and owners of the premises namely Room No. 99, Raoji Sajpal Building, 3rd Floor, Junction at S.K. Bole Road, Gokhale Road, North Dadar, Mumbai 400 028 (hereinafter referred to as the “suit premises”). The respondents occupied the suit premises in their capacity as tenants. The petitioners filed suit in the Small Causes Court for possession of the suit premises on the ground of default. Suit was dismissed by the trial Court. However, this decree was reversed by the Bench of - 2 - Small Causes Court and the suit was decreed. The respondents/contemnors thereafter preferred writ petition and the said petition was allowed by this Court. The petitioners thereafter approached the Apex Court and the Apex Court set aside order of the High Court and suit of the petitioners came to be decreed. 2. The above decree was put into execution. The executing Court directed the respondents to hand over possession to the petitioners. This order was again challenged in appeal and thereafter by filing Writ Petition No. 1651 of 2006 Said writ petition was dismissed on 22nd March 2006. However, respondents were given six months time to vacate the suit premises, subject to filing of usual undertaking within a period of one week from the date of order. The respondents thereafter filed undertaking in this Court which is at Exhibit”B”, that they will vacate and hand over peaceful possession of the suit premises to the landlords on or before 22nd September 2006. 3. In spite of undertaking, the respondents/ contemnors did not hand over possession of the suit premises to the landlord and therefore, landlord is constrained to file present contempt petition. 4. By the order dated 23rd March 2009 this Court prima- facie found that respondents/contemnors are in contempt and directed the Court Receiver to take physical possession of suit premises within four weeks and hand over the same to the - 3 - petitioners. 5. When the representative of the Court Receiver went to take possession of the suit premises, the respondent flatly refused to hand over possession of the suit premises and did not comply with the order of this Court. The Court Receiver thereafter made report to this Court, pointing out afore facts. By an order dated 27th April 2009 Court Receiver was directed to take forcible possession from the respondents or whosoever is in possession of the suit premises with the help of local police and if the premises are found locked, then by breaking open the lock. 6. The Court Receiver has now submitted report dated 15th June, 2009. The report discloses that on 11th May 2009 forcible possession was taken from the respondents/contemnors with the help of local police and suit premises was handed over to the petitioners as an agent of the Court-receiver. The report further discloses that respondent/contemnors refused to remove their belongings, utensils, household, movables etc. from the suit premises. The suit premises was locked by the petitioners/landlords with the seal of the Court Receiver. The report further discloses that on 15th May 2009 respondents removed seal of the Court Receiver broke open the lock and entered in the suit premises. 7. The respondent Nos. 1 and 2 are present in person. They were also heard. They do not dispute that they have forcibly entered in the suit premises. They submitted that they are poor and - 4 - they have no alternative place to reside and therefore, they be permitted to stay in the suit premises. 8. Inability to secure an alternative accommodation is not a ground for not abiding with the solemn undertaking given by the respondents to this Court. The respondents are prima-facie in contempt. I therefore, pass the following order. ORDER (i) The Court Receiver, High Court Mumbai is directed to take physical possession of the suit premises from respondents or whosoever is in possession of the suit premises, if necessary with the help of local police, and if the premises are found locked, then they are directed to take possession by breaking open the lock. (ii)The household articles belonging to respondents/ contemnors, if any, shall also be removed and given to the respondents/ contemnors. After taking possession of the suit premises from the respondents, the same be handed over to the petitioners, as an agent of the Court-Receiver. Let this exercise be done by the Court Receiver within a period of eight weeks from today. Sd/- [ R. V. MORE, J.]