1 IN THE HIGH COURT OF JUDICATURE AT MADRAS (CONTEMPT JURISDICTION) TUESDAY, THE 31ST DAY OF AUGUST, 2010 THE HON'BLE MR.JUSTICE M.JAICHANDREN CONTEMPT PETITION NO.373 OF 2009 ************ G.C.Ramasamy, S/o.Late Chinnappa, Govinda Agraharam, Begepalli Post, Hosur Taluk, Krishnagiri District. .. Petitioner vs. 1.K.S.Nagaraj, S/o.K.S.Maruthu, No.65,M.G.Road, Vyasa Street, Hosur – 635 126. 2.M.Balu Reddy, S/o.Late Muni Reddy, Govinda Agraharam, Begapalli Post, Hosur Taluk, Krishnagiri District. .. Respondents Contempt Petition praying that this Court be pleased to punish the respondents for disobedience of the order of this Hon'ble Court dated 21/04/2008 and made in M.P.No.1 of 2008 in S.A.No.568 of 2008. The above Contempt Petition coming on this day before this Court for hearing in the presence of Mr.P.Subba Reddy, Advocate, for the petitioner herein; and of Mr.G.M.Anandakumar, Advocate for the 1st Respondent herein; and of Mr.K.A.Mariappan, Advocate for the 2nd respondent https://hcservices.ecourts.gov.in/hcservices/ 2 herein; and upon reading the petition and affidavit of G.C.Ramasamy, filed herein; and the Counter Affidavit of K.S.Nagaraj, filed herein; the Court made the following order:- This contempt petition has been filed praying that this Court may be pleased to punish the respondents for the wilful disobedience of the order passed, by this Court, on 21.4.2008, in M.P.No.1 of 2008, in S.A.No.568 of 2008. 2. It has been stated that the second appeal, in S.A.No.568 of 2008, had been filed against the judgment and decree, dated 24.10.2007, made in A.S.No.30 of 2006, on the file of the Subordinate Court, Hosur. The suit, in O.S.No.178 of 2005, on the file of the District Munsif Court, Hosur, had been filed, in respect of the property in survey Nos.21/3 and 21/9, having an extent of 1.06 acres, situated at Govinda Agraharam, Hosur Taluk, Krishnagiri District. 3. It had been further stated that this Court, while admitting the second appeal, in S.A.No.568 of 2008, had granted an order of interim stay of recovery of possession of the suit schedule mentioned property, which is said to be in the possession of the appellant in the said second appeal, by an order, dated 21.4.2008. As such, the petitioner had been in possession and enjoyment of the suit https://hcservices.ecourts.gov.in/hcservices/ 3 property. While so, the respondent had attacked the sister of the petitioner, namely, Rathinamma, with deadly weapon, when she was working in the suit property. Thereafter, a criminal complaint had been lodged against the respondent, before the Inspector of Police, Sipcot police station, Hosur. In such circumstances, the present contempt petition has been filed against the respondents for their willful disobedience of the order passed by this Court, on 21.4.2008, in M.P.No.1 of 2008, in S.A.No.568 of 2008. 4. In the counter affidavit filed on behalf of the first respondent in the contempt petition, it has been stated that he had never disobeyed or violated the order passed by this Court, on 21.4.2008. It has also been stated that no such incident, as claimed by the petitioner, had taken place. Further, he had tendered his unconditional apology, if this Court finds that he had committed contempt of court, as alleged by the petitioner. 5. It has also been submitted that the second respondent, who is 85 years old, is a sick and bedridden. As such, it is not possible for the second respondent to commit an act violating the order passed by this Court, on 21.4.2008. 6.In view of the averments made in the affidavit filed in support of the contempt petition and in the counter https://hcservices.ecourts.gov.in/hcservices/ 4 affidavit filed on behalf of the first respondent, and in view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the first respondent, this court does not find sufficient cause or reason to punish the respondents for committing contempt of the court, by wilfully disobeying the order, dated 21.4.2008 made in M.P.No.1 of 2008, in S.A.No.568 of 2008, as alleged by the petitioner. Hence, the contempt petition stands dismissed. No costs. Witness the Hon'ble Thiru M.YUSUF EQBAL, The Chief Justice of High Court at Madras, as aforesaid, this the 31st day of August, 2010. SD/- DEPUTY REGISTRAR (OS) //Certified to be true copy// Dated at Madras this the day of 2010. COURT OFFICER (O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the orders/judgments/Decrees in this format. https://hcservices.ecourts.gov.in/hcservices/ 5 Cns. CONTEMPT PETITION No.373/2009 THE HON'BLE MR.JUSTICE M.JAICHANDREN ORDER DATED : 31/08/2010 FOR APPROVAL :13/10/2010 APPROVED ON :21/10/2010 https://hcservices.ecourts.gov.in/hcservices/