Balasubramanian v. A.V.S Ganesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2019

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Cont.P.No.72 of 2019 and Sub Application Nos.29 and 30 of 2019 Cont.P.No.72 of 2019:

A.V.S.Balasubramanian ...

Petitioner in Cont.P.No.72 of 2019 -vs1.A.V.S.Ganesan 2.M.Manimaran ... Respondents in Cont.P.No.72 of 2019 Sub Application No.29 of 2019:

A.V.S.Balasubramanian ...

Petitioner in Sub Application No.29 of 2019 -vs1.A.V.S.Ganesan 2.M.Manimaran ...

Respondents in Sub Application No.29 of 2019

Sub Application No.30 of 2019:

A.V.S.Balasubramanian ...

Petitioner in Sub Application No.30 of 2019 -vs1.A.V.S.Ganesan 2.M.Manimaran ... Respondents in Sub Application No.30 of 2019 Prayer in Cont.P.No.72 of 2019: Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for the contempt of Court committed by them by violating the Order dated 12.10.2018 passed by this Hon'ble Court in C.R.P.(PD).No.2401 of 2010.

Prayer in Sub Application No.29 of 2019: Application filed under Section 151 of the Code of Civil Procedure to issue interim direction to the respondents to obey the directions issued by this Court in the order dated 12.10.2018 in C.R.P.(PD).No.2401 of 2010 and restore the possession of the suit "B" schedule of property within the stipulated period.

Prayer in Sub Application No.30 of 2019: Application filed under Section 151 of the Code of Civil Procedure to stay all further proceedings in O.S.No.4 of 2009 on the file of the learned Additional District Munsif, Mayiladuthurai, pending disposal of the above

Contempt Petition.

For Petitioner :

Mr.T.P. Manoharan Senior Counsel for K.P. Jotheeswaran For Respondents :

Mr.R. Shivakumar for R1 Mr.S.Jeganathan Government Advocate for R2 COMMON ORDER Today, the matter was posted for reporting compliance of the order of this Court dated 12.10.2018 in C.R.P.(PD).No.2401 of 2010 which is confirmed in the order dated 18.02.2018 in Review Application No.312 of 2018.

2.On 07.02.2019, when the Contempt Petition was posted, directions have been given to the Inspector of Police, Sembanar Koil Police Station, Nagapattinam District, who was present before this Court to ensure that the orders of this Court has been complied with and possession has been handed over to the Contempt Petitioner. Directions were also given that in the event of any resistance being given by the 1 st respondent, the 2 nd respondent Police was free to

break open the lock and put the petitioner in possession to the property and take action against the respondent. 3.When the matter was called today, the compliance report has been filed which has taken to file. The 1 st respondent is also present before this Court.

In view of the fact that the orders of this Court has been complied with, the Contempt Petition and the Sub Applications are closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) mps //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25 th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format. PS/06/03/2019