IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Con.Case(C).No. 1456 of 2009(S) ------------------------------- AGAINST THE ORDER IN RSA.224/2006 Dated 15/11/2006 .................... PETITIONER(S): PETITIONERS IN IA/RESPONDENTS 1 TO 7 IN RSA ---------------------------------------------------------- 1. SUKUMARAN NADAR, S/O.LEKSHMANAN NADAR, AGED RESIDING AT SMITHA NILAYAM, KANJIRAMKULAM DESOM, KANJIRAMKULAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 2. K.PADMINI, W/O.SUKUMARAN, AGED GOVERNMENT SERVANT, RESIDING AT SOUMYA NAGAR, ALINCHUVADU, NO.XXXIII/124, VENNALA (PO), PALARIVATTOM, ERNAKULAM. 3. PRASANNAKUMARI, D/O.KALLIANI AGED RESIDING AT CHOOZHARKAVU THOPPU VEEDU, THIRUPURATHOOR DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 4. SASIDHARAN, S/O.LEKSHMANAN NADAR, AGED RESIDING AT KALLIANI NILAYAM, KANJIRAMKULAM, KARUMKULAM DESOM, KANJIRAMKULAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 5. VIJAYAMMA, D/O.KALLIANI, AGED RESIDING AT SASI VILASAM, IRAYAN VILA, THIRUPURATHOOR DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 6. MOHANACHANDRAN, S/O.LEKSHMANAN NADAR, AGED GOVERNMENT SERVANT, RESIDING AT SASI VILASAM, IRAYAN VILA, THIRUPURATHOOR DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. COC.1456/09 2 7. K.L.KUMARI USHA, D/O.KALLIANI, AGED RESIDING AT SREEVIHAR, ETTUKUTTI, THIRUPURATHOOR DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENT(S): RESPONDENTS IN IA/APPELLANTS 1 TO 4 IN RSA --------------------------------------------------------- 1. NARAYANI PADMAKSHI, AGED ABOUT 70 YEARS, HUSBAND'S NAME NOT KNOWN TO THESE PETITIONERS RESIDING AT PADMALAYAM, CHECKITTAVILA, KANJIRAMKULAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 2. THANKAYYA ARUN, AGED ABOUT 46 YEARS, FATHER'S NAME NOT KNOWN TO THESE PETITIONERS RESIDING AT PADMALAYAM, CHECKITTAVILA, KANJIRAMKULAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 3. THANKAYYA AJITH KUMAR, AGED ABOUT 44 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONERS, ADVOCATE, NEYYATTINKARA, RESIDING AT PADMALAYAM, CHECKITTAVILA, KANJIRAMKULAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 4. PADMAKSHI SINDHU, AGED ABOUT 41 YEARS, HUSBAND'S NAME NOT KNOWN, RESIDING AT PADMALAYAM, CHECKITTAVILA, KANJIRAMKULAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- Cont. Case (C).No.1456 OF 2009 ------------------------------------------- Dated this the 4th day of December, 2009 JUDGMENT The petitioners are respondents 1 to 7 in RSA No.224/06. An order of stay of passing of the final decree was issued in that case. Later, acting on I.A.2312/06, Annexure I order was passed on 15.11.2006, making that order of stay conditional. The order of stay was to operate on condition that the appellants shall not commit any act of waste or make any further construction. The petitioners allege that the said order has been violated by the respondents who are appellants in the RSA. Violation of a condition is what is urged. I do not deem it appropriate for this Court to express any further, having regard to the pendency of the RSA and the interlocutory application therein. Suffice it to state that no situation warranting initiation of action for civil contempt under the Contempt of Court Act arises. This case is hence dismissed without prejudice to the right of the parties to COC.1456/09 2 prosecute the RSA and any interlocutory application pending thereon or that may be filed in that appeal. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.4/12.