Sri Ramalingeswara Swamy Temple, v. N. Narayanamma,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CONTEMPT CASE No.1058 OF 2015 O R D E R :

This Contempt Case is filed alleging violation of the order dated 31.03.2015 passed by this Court in WP.No.8831 of 2015, wherein this Court ordered Status Quo as on that date. The case of the petitioner is that though this Court ordered Status Quo, the respondent has come into possession of the subject property violating the Status Quo orders of this Court and as such, contempt case is filed.

The respondent filed counter affidavit stating that since the structures were demolished partly by the petitioner-temple, they have only covered the roof with polythene sheets and that since the structures are demolished they were forced to leave the subject property and are residing separately at far away place and that immediately on receiving the status Quo orders, their counsel has informed them to maintain status quo. It is further stated that ever since the date of demolition they are not in physical possession of the property and that since the respondent is bed ridden and not in a position to move from bed she is residing with her daughter-in-law at Vijayawada.

Heard both sides.

In view of the averments stated at para-5 and 7 of the counter affidavit and in view of the submissions made by the learned counsel for the respondent, I do not feel that the respondent has violated the order dated 31.03.2015 passed by this Court. Recording the submissions made by the learned counsel for the respondent, the Contempt Case is dismissed. However, since the petitioner has already taken possession in view of the orders

dated 05.08.2015 passed by this Court in WVMP.No.2371 of 2015, it is open for the petitioner-temple to protect the subject property. As a sequel thereto, miscellaneous petitions, if any pending shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 16.11.2015 t k.