N. Rama Krishna v. Sri Desai Subramanyam

SMT JUSTICE T.RAJANI CONTEMPT CASE No.943 OF 2018 ORDER:

This petition is filed alleging that there is a contempt in respect of the orders passed by this Court in A.S.Nos.1229 and 1494 of 1998.

2.

The counsel submits that in the said judgment the Court found that the plaintiffs are entitled for recovery of item Nos.1 to 5 of the suit schedule property from the defendants. He now relies on a public notice, which was issued allegedly by the respondents, wherein, according to him some of the contents are misleading. In the public notice, it was stated that the legal heirs of Mangatayaramma do not derive any rights out of the will, as the High Court has declared as such in its judgment in A.S.No.833 of 1992. It is not disputed by the contempt petitioner that the said judgment has not declared so. This Court, in the judgment in A.S.No.1494 of 1998, has held that the judgment would be subject to the result of the appeal preferred against O.S.No.103 of 1975. No contempt is hence made out by the petitioner. 3.

With the above observations, the contempt case is dismissed. As a sequel, the miscellaneous applications, if any pending, shall stand closed.

_____________ T.RAJANI, J 20.04.2018 SS