Prakash Shetty vs. Fazalullah Khan

Court:Supreme Court of India
Judge:Hon'ble Sanjay Kishan Kaul, Sudhanshu Dhulia
Case Status:Disposed
Order Date:3 Oct 2023
CNR:SCIN010271492023

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Order Issued After Hearing

Purpose:

Fixed Date by Court

Before:

Hon'ble Sanjay Kishan Kaul, Hon'ble Sudhanshu Dhulia

Stage:

AFTER NOTICE (FOR ADMISSION) - CIVIL CASES

Remarks:

Disposed off

Listed On:

10 Mar 2023

In:

Judge

Category:

UNKNOWN

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Order Text

IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION

CONMT.PET.(C) No. 1098/2023 IN Civil Appeal No.6088/2011

PRAKASH SHETTY Petitioner(s)

VERSUS

FAZALULLAH KHAN Respondent(s)

O R D E R

The respondents are present in the Court.

Possession has since been handed over.

We have to actually hear the matter on sentence in view of our Order dated 15.9.2023.

Learned counsel for the respondents seek the mercy jurisdiction of this Court but then such a jurisdiction cannot be exercised without consequences and such a conduct where there has been over stay for two years.

On instructions, learned counsel for the respondents offer to make payment of Rs.50,000/- within one month for this over stay of two years to the petitioner within four weeks.

Subject to the aforesaid amount being paid, we deem it sufficient to say that the respondents should be careful in future and desist from imposing any sentence

1

or fine, in view of the aforesaid facts.

The contempt petition stands disposed of.

………………………………………………………J. (SANJAY KISHAN KAUL)

………………………………………………………J. (SUDHANSHU DHULIA)

NEW DELHI October 03, 2023

ITEM NO.35 COURT NO.2 SECTION IV-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

CONMT.PET.(C) No. 1098/2023 in C.A. No. 6088/2011

PRAKASH SHETTY Petitioner(s)

VERSUS

FAZALULLAH KHAN Respondent(s)

([respondent will remain present in Court for hearing on sentence. all other parties being respondent Nos.2, 3, 4, 5 and 6 also remain present in Hon'ble Court] )

Date : 03-10-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA

For Petitioner(s) Mr. Anirudh Sanganeria, AOR

For Respondent(s) Mr. S. Nagamuthu, Sr. Adv. Mr. Abdul Azeem Kalebudde, AOR

Mr. Abhishek Kumar Singh, AOR Ms. Anamika Yadav, Adv.

UPON hearing the counsel the Court made the following O R D E R

The contempt petition stands disposed of in terms of the

signed order.

Pending application, if any, stands disposed of.

(RASHMI DHYANI PANT) (POONAM VAID) COURT MASTER COURT MASTER (signed order is placed on the file)