IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Con.Case(C).No. 318 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.7208/2009 Dated 05/03/2009 .................... PETITIONER(S): --------------- MARYKUTTY SAMUEL, W/O. A.J. SAMUEL, AGED 50 YEARS, ALUNKAL HOUSE, KARIMBA.P.O. PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- MADHUSOODHANAN S/O. ACHUTHAN EZHUTACHAN, THE TAHASILDAR, MANNARKKAD. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` Contempt Case (C) No. 318 OF 2009 ```````````````````````````````````````````````````` Dated this the 10th day of June, 2009 J U D G M E N T Heard learned counsel for the petitioner, learned government pleader and learned counsel appearing on behalf of the Bank. 2. The contempt alleged violation of interim order dated 5.3.2009. According to the appellant, he offered Rs.5,000/- on 6.3.2009. It is stated that the petitioner did not obtain copy of the order on 5.3.2009. This Court directed the respondent to file affidavit. Affidavit is filed wherein it is stated that the sale was posted to 6.3.09. It is further stated that the petitioner failed to deposit Rs.5,000/- before the time of sale and she did not comply with the order of High Court. In such circumstances, sale was held. It is also stated that if the petitioner had deposited Rs.5,000/- before the time of sale, the sale would not have been conducted on 6.3.09. I would think that it may not be appropriate for me to proceed with the matter further in the contempt case. Accordingly, this COC.318/09 : 2 : Contempt Case is dismissed. This will be without prejudice to the right of the petitioner to prosecute W.P.(C) No.7208/09 and without prejudice to any other right which she has in any other Forum. Sd/- (K.M.JOSEPH, JUDGE) aks // True Copy // P.A. to Judge