T. Sudha Rani v. Sri Ajmeera Swamy Naik

THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY Contempt Case No.6 and 46 of 2017 ORDER:

These Contempt Cases are filed alleging violation of orders dated 01.09.2016 passed by this Court in W.P.M.P.Nos.36460 of 2016 & W.P.M.P.No.36462 of 2016 in W.P.No.29452 of 2016. By the above said orders, this Court has directed respondent No.4 therein not to put to use the shops constructed by him in stilt floor in the subject premises.

Learned counsel for the respondent has submitted that the respondents has not violated the interim orders granted by this Court, in fact he has not put to use the stilt floor. He also submitted that counter affidavit has been filed stating that he has kept all the shops vacant and not let out any shop in favour of anybody except one shop No.26 which was leased out by other partner prior to the filing of the writ petition and the date of interim order i.e. 01.09.2016. It is further stated that he also filed a petition i.e., W.V.M.P.No.819 of 2017 seeking to vacate the interim order dated 01.09.2016 and the said vacate petition is pending for adjudication, as such there is no willful or deliberate violation on the part of the respondent. In these circumstances, this Contempt Cases are closed. However, liberty is granted to the petitioners, if any cause survives, to file fresh application seeking revival of the contempt case in accordance with law.

Miscellaneous petitions, if any pending in this contempt case shall stand closed.

_________________________ C.V.BHASKAR REDDY, J 07.02.2023 ssm