• Contempt of Court vs Execution Writ

September 2019 :
PROBATION OF WILL case in Delhi High Court was dismissed on the basis of Memorandum of Settelment executed by us as out of court settlement.

The High Court Order reads as follows: 
" This memorandum of settlement is taken on record. The terms and conditions of this memorandum of Settlement are binding on all parties. This memorandum of Settlement is part and parcel of this order. 
Suit is dismissed "
our joint statement was also recorded that " This memorandum of settlement is binding on us "

There is a clause in memorandum of settlement regarding a particular property as follows:
" My brother is the owner absolute and undisputed owner of the property by virtue of gift deed executed by my mother and i will vacate that property and handover the possession of property to my brother in January 2021. "

My Brother has filed a CONTEMPT OF COURT case in Delhi High Court on 06/03/2023 which is not listed yet and still in the registry department of Delhi High court for clearance.

Q1. Is this CONTEMPT OF COURT case is maintaible in court or is liable to be dismissed on the grounds that (a) Time limit for contempt of court case 1 year only (b) in absence of specifically written high court order to vacate the property, the right remedy for opposite party is to file EXECUTION WRIT ?

Q2. In case the CONTEMPT OF COURT suit is maintainable. Will High Court allows the delay condonation application of opposite party in contempt of court case ?

Q3. In case CONTEMPT OF COURT suit is dismissed and opposite party files EXECUTION WRIT. Can I raise objection that GIFT DEED is INVALID in my defense, inspite of the fact that GIFT DEED is 6 years old and time limit to file suit for cancellation of gift deed is only 3 years ? 
If yes, can i take defense that since GIFT DEED is INAVLID that particular clause in memorandum of settlement is not binding on me and is not executable ?

Q4. Should I file a separate suit for cancellation of GIFT DEED in district court ? Will it help in raising objection in EXECUTION WRIT ? or it will not help in any way taking my defense of INVALID GIFT DEED in high court ? Will High court decide the validity of gift deed and that clause in memorandum of settlement in EXECUTION WRIT itself ?
Asked 12 months ago in Property Law
Religion: Hindu

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7 Answers

 Contempt of court petition is maintainable as you have failed to vacate premises by January 2021 

 

2) No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."

 

3) your brother can make application for con donation of delay and court can condone delay if sufficient cause is shown

 

4) your suit to set aside gift deed is barred by limitation 

 

5) don’t file any suit for setting aside gift deed 

Ajay Sethi
Advocate, Mumbai
94238 Answers
7432 Consultations

5.0 on 5.0

1. If you have not vacated the property then it can be considered as breach of the conditions resulting into disobeying the court order because this memorandum of settlement is part of the judgment, therefore it can be considered as contempt of court too, even though he has an alternate remedy to file an execution petition.

2. He may have to file condone delay petition along with the contempt petition or to explain the reasons with supporting documents for delay in approaching court with the petition for contempt of court.

3. Since you have not contested or challenged the gift deed at the time of out of court compromise settlement and got a decree on memorandum of settlement, any challenge towards gift deed at this stage is not maintainable.

4. Cancellation of gift deed is not maintainable in law, the court will not entertain your suit.

 

T Kalaiselvan
Advocate, Vellore
84440 Answers
2135 Consultations

5.0 on 5.0

Yes it can allow the delay.condonation but suit is not maintainable it's through petition in HC.

Yes separate suit for cancellation is needed.

Prashant Nayak
Advocate, Mumbai
31573 Answers
169 Consultations

4.1 on 5.0

Hello, 

  1. The Contempt of Court case can be valid if sufficient reasons are provided to justify the delay. As there was clear direction in the settlement that was binding, the brother could have initiated a petition for execution earlier.
  2. The application can be allowed by the court provided the Court is satisfied by the cause of delay and steps if any taken by the person in the interim.
  3. This would be a weak defence as you were part of the settlement that contained the Gift Deed and what it implied and besides it is hopelessly time barred.
  4. It is not advisable to file a cancellation of Gift Deed as it is way time barred and has already been part of the settlement. It can have adverse effects.

S J Mathew
Advocate, Mumbai
3544 Answers
175 Consultations

5.0 on 5.0

  1. This is continuing violation of compromise order, there is no delay in filing contempt.
  2. " My brother is the owner absolute and undisputed owner of the property by virtue of gift deed executed by my mother and i will vacate that property and handover the possession of property to my brother in January 2021. “ This is an undertaking given by you which has more force than a specific order of Court.
  3. There is no delay in filing contempt. Having given an undertaking you cannot go back.
  4. Validity of gift deed is dispute of fact, High Court will not entertain it. You can try to file a suit on the ground that some evidence came to light in respect of invalidity of gift deed and there is fraud.

Ravi Shinde
Advocate, Hyderabad
4035 Answers
42 Consultations

5.0 on 5.0

Dear client,  

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.

 

 

Anik Miu
Advocate, Bangalore
8564 Answers
105 Consultations

5.0 on 5.0

Contempt is made out but it now barred by limitation.

Will High Court allows the delay condonation application of opposite party in contempt of court case - Depends on court discretion. but first notice will issue to you.

Execution court jurisdiction is very limited to execute court order. Will not into validity of gift deed nether you can raise this plea after submitting settlement in court.

4 - Not maintainable and barred by law too.

Yogendra Singh Rajawat
Advocate, Jaipur
22558 Answers
31 Consultations

4.4 on 5.0

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