1 3 S.B. CIVIL WRIT CONTEMPT PETITION No.82/2008 [SATISH KUMAR VS. JAGJEET SINGH & ANR..] Dated : 01.04.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr.H.K.Jain for the petitioner. ***** The contempt petition has been filed for non-compliance of judgment dated 08.08.2006 passed by this Court. Perusal of the order reveals that a direction was given for handing over the vacant possession of the premises after one and half years from the date of passing of the order and for payment of rent as directed therein. Pursuant to the direction dated 08.08.2006, when the premises was not vacated, petitioner got an order for vacation of the premises and has taken possession through the process of execution and therein the order passed in execution proceedings challenged by the other party in appeal which was then dismissed with cost of Rs.10,000/-. The Contempt Petition has been field for one and the same cause for which execution petition was earlier filed by the petitioner. The order dated 08.08.2006 was passed against the order arising out of the matter pursuant to the Rent Control Act and thus, the order of this Court was executable and was got executed by the petitioner itself. In view of the above, the petitioner cannot avail two alternate remedies for one and the same cause and therefore, the plea of the petitioner cannot be accepted that Contempt Petition has been filed with a view to 2 seek punishment against the non-petitioner for non-compliance. This plea cannot be accepted as the judgment in question passed by this Court was otherwise executable. Thus, in view of the above, this Contempt Petition cannot be maintained by the petitioner once the order has already been passed for execution of the order dated 08.08.2006 by the Competent Court. Hence the Contempt Petition is dismissed. (MUNISHWAR NATH BHANDARI), J. mamta