Smt.Bhushamma v. Smt.Sankuru Sakku Bai

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY,THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE THE CHTEF JUSTICE ALOK ARADHE AND THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR CONTEMPT APPEAL NO: 12 OF 2023 Contempt Appeal Under Section 19 (f ) (a) of Contempt of Courts Act 1971 aggrieved by the order dated 28-08-2023 in C.C.No. 1221 ot 2023. Between:

't. Smt. BHUSHAMMA, Wife of Sri S.Sathaiah, aged about B0 years, Occ Household,

2. Smt.MUNNl BAI Wife of Sri S.Sathaiah, aged about 72 years, Occ Household,

3. S.SRINIVAS, son of Sri S.Sathaiah, aged about 58 years, Occ . Business. All then Residents of House No.'12-1 3-1 1 61 , Street No. 1 1 , Tarnaka, Secunderabad now the Appellant No.2 residing at House No.13-1-1201/1, situated at Kumar Vadi, Mustaidpur, Karwan, Hyderabad-500006 and the Appellants 1 and 3 presently residing at House No.2-2-6471771H, Srinivasa Nagar, Bagh Amberpet, Hyderabad.

...APPELLANTS/ Respondent Nos. 1 to 3 AND SmI.SANKURU SAKKU BAI, Wife of Sri S.Chandraiah, aged about 72 years, Occ.Household, Resident of House No.12-13-1 161, Street No.11, Tarnaka, Secunderabad.

...RESPONDENT/ Petitioner lA NO: 1 OF 2023 Application under Section 19 (2) (b) of Contempts of Courts Act, 1971 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to release on bail, the Petitioners 2 and 3 / Appellants 2 and 3 herein, who are in confinement due to the Orders dt:28- 082023 in Contempt Case No.122'1 12023, of the Honorable Single Judge of this Hon'ble Court, pending disposal of the above Contempt Appeal .

I lA NO: 2 OF 2023 Petition under Section 151 of CPC Ri/w. 19 (2) ( a) of Contempts of Courts Act, '197'1 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order of the Honorable Single Judge, Dated. 28-08-2023, in Contempt Case No.122112023, pendlng disposal of the above Contempt Appeal . Counsel for the Appellant: SRl. MANU Counsel for the Respondents: NONE APPEARED The Court delivered the following: Judgment

THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTICE N.V.SHRAYAN KUMAR CONTEMPT APPEAL No.I2 of 2023 JUDGMENT: (pcr the Hon'ble the Chief Justice Alok Aradhe) Mr. Manu, learned counsel appears for the appellants. 2.

This appeal under Section 19 of the Contempt of Courts Act, 1911, has been filed against an order dated 28.08.2023 passed by the learned Single Judge in C.C.No.1 221 of 2023 by which the appellants have been found guilty of non-compliance of the judgment and decree dated05.07.2022 in Second AppealNo.247 of202l.

I

3. By the aforesaid order dated 28.08.2023, appellant No.1 has been imposed a fine of Rs.25,000/-, and in default, appellant No.l has been sentenced to undergo imprisonment for a period of one month. Appellant Nos.2 and 3 have been directed to undergo imprisonment fbr a period of three (3) months.

4. The facts giving rise for filing of this appeal briefly stated are that the respondent filed O.S.No.924 of 2005

3t CJ & NVSK, J i A No 12 ol2023 seeking the relief of eviction. The aforesaid civil suit was decreed on 08.07.2020. The appellants filed A.S.No.25 of 2020 which was dismissed on 08.09.2021. The appellants thereupon filed S.A.No.247 of 2021. The learned Single Judge while dismissing the aforesaid Second Appeal vide judgment dated 05.07 .2022 directed the appellants to vacate the premises in question within six (6) months and to file an undertaking before the primary Court to that effect. The appellants furnished an undertaking that they would vacate the premises by 04.01 .2023. However, the appellants did not vacate the premises in question and they continued to be in possession of the premises in question contrary to the undertaking furnished by them. Thereupon, the respottdent filed C.C.No.

l22l of 2023 under Section l0 of the Contempt of Courts Act,, 1971. The learned Single Judge by an order dated 28.08.2023 has found the appellants guilty of wilful disobedience of the undertaking furnished by thern as contained in the judgment dated 05.07.2022 passed in S.A.No.241 of 2021 and has imposed a fine of Rs.25,000/- on appellant No.1 and in default, appellant No.

') CJ & NVSK, J C.A.No.l2 ot 2023 a period of one month. Respondent Nos.2 and 3 have been directed to undergo imprisonment for a period of three (3) months. In the aforesaid factual background, this appeal has been filed.

5. Learned counsel for the appellants submitted that appellant No.l is an old aged person and is bedridden. It is further submitted that the learned Single Judge has imposed a fine of Rs.25,000/- on appellant No.1. It is further submitted that appellant No.2 had handed over the possession of the premises in question to the respondent. Ilowever, the aforesaid aspect of the matter has not been appreciated by the learned Single Judge.

6. We have considered the submissions made by the learned counsel for the appellants and have perused the record. \

7. Admiftedly, the appellants have not complied with the directions contained in the judgment dated 05.07.2022 in S.A.No.247 of 2021 as well as the undertaking furnished by them to the Court by which they agreed to vacate the premises on or before 04.01.2023. The defence taken by appellant No.2

rc CJ & NVSK J (' A.No I2 ot 2023 that she handed over the possession of the premiscs in question to the respondent in the month of July, 2023 is not substantiated by any material on record' The appellant No.2 is unable to say as to which day in July, 2023, she harrded over the possession of the premises in question to the respondent'

8. The appellants are guilty of wilful disobedience of the judgment and decree dated 05.07.2022 passed by the learned Single Judge in S.A.No.241 of 2021 as well as the undertaking furnished by them before the Court. We thcrefore do not find any ground to differ with the view taken by the learned Single Judge.

g.

ln the rcsult, the appeal fails and is hereby dismissed Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

Sd/. B. S. CHIRANJEEVI JOINT REGISTRAR SECTION OFFICER //TRUE COPYII l.C/.

To

1. The lll Senior Civil Judge, City Civil Court, Secunderabad

2. One CC to SRt. MANU, Advocate [OpUC]

3. Two CD Copies Pry,

HIGH COURT DATED:20109/2023 ir.e s'rAls

JUDGMENT

19 0t1 t< o rul CONTEMPT APPEAL No.12 of 2023 1, ':r\ . * i-<- DISMISSING THE CONTEMPT APPEAL -Pfll 16\^el2-9',