The Contempt of Court case may or may not be maintainable depending on the facts and circumstances of the case. The time limit for filing a Contempt of Court case is usually one year from the date of the alleged contempt. However, if the contempt is continuing in nature, then the time limit may not apply. As for the remedy available to the opposite party, if there is a specific written high court order to vacate the property, then the opposite party may file an Execution Writ to enforce the order. If there is no such order, then the opposite party may have to approach the court for appropriate relief.
Q2. If the Contempt of Court case is maintainable, the High Court may allow the delay condonation application of the opposite party depending on the reasons for the delay and other relevant factors.
Q3. If the Contempt of Court case is dismissed and the opposite party files an Execution Writ, you may raise objections based on the validity of the Gift Deed. However, whether the Gift Deed is valid or not may depend on various factors, and it is advisable to seek legal advice on the specific facts of your case.
Q4. If you wish to challenge the validity of the Gift Deed, you may file a separate suit for cancellation of the Gift Deed in the District Court. The District Court may decide on the validity of the Gift Deed and that clause in the Memorandum of Settlement, which may help you in raising objections in the Execution Writ.