Madras High CourtCONT P/170/2013closed

S.Devarajan v. K.M.James

2022-04-19Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI S.Devarajan, Govindanur, Puravi palayam, Pollachi Taluk, Coimbatore District ... Petitioner Vs.

K.M.James No.24, Bharathidasan Salai, P.N.Palayam, Coimbatore - 37.

... Respondent Prayer :

Contempt petition filed under Section 11 of Contempt of Courts Act praying to punish the respondent for violating the order of this Hon'ble Court dated 30.07.2010 made in M.P.No.1 of 2010 in W.P.No.16975 of 2010.

For Petitioner : M/s.D.Rajagopal For Respondent : Mr.K.V.Babu 1/3

O R D E R

This contempt petition is filed alleging willful disobedience of the order dated 30.07.2010 made in M.P.No.1 of 2010 in W.P.No.16975 of 2010.

2. The learned counsel appearing for the petitioner submitted that the petitioner is in possession and enjoyment of the property measuring 7 acres 37 cents in S.No.620, under Patta No.202, Puravi Palayam, Pollachi Taluk, Coimbatore District. The petitioner filed M.P.No.1 of 2010 in W.P.No.16975 of 2010 seeking an order of injunction restraining the respondents therein from interfering with the petitioner's possession and enjoyment of the property and this Court vide order dated 30.07.2010 made in M.P.No.1 of 2010 in W.P.No.16975 of 2010 granted an order of status quo. However, one of the respondents therein/ respondent herein is frequently interfering with the petitioner's peaceful possession and enjoyment of the property. Hence, the petitioner has filed this contempt petition.

3.The grievance of the petitioner is that though this Court vide order dated 30.07.2010 made in M.P.No.1 of 2010 in W.P.No.16975 of 2010, granted an order of status quo, the respondent herein is frequently 2/3

interfering with his peaceful possession and enjoyment of the property, which cannot be agitated in a contempt petition. Hence, this Contempt Petition is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) pri //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

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