Mr.Khuzem M.Manuwala v. Vinayaga Nagar Welfare Association
in Cont P.SR.No.145136 of 2022 M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., [Order of the Court was made by M.SUNDAR. J] Captioned Sub Application has been filed with a prayer to grant leave by permitting second applicant (wife of first applicant) to pursue the main contempt petition.
2. Main contempt petition arises out of a 'judgment and decree dated 19.04.2004 in O.S.No.3603 of 2023 on the file of learned VII Assistant Judge's Court, City Civil Court, Chennai' [hereinafter 'said judgment and decree' for the sake of convenience and clarity]. This VII Assistant Judge's Court, City Civil Court, Chennai shall hereinafter be referred to as 'trial Court' for the sake of convenience and clarity.
3. To be noted, first applicant in the captioned sub application is the lone plaintiff before the trial Court. Post said judgment and decree, on 19.04.2004 lone plaintiff settled inter alia suit property in favour of his wife Page Nos.1/3
(second applicant before us) in and by a registered deed of settlement dated 03.04.2006 registered as document No.1113 of 2006 on the file of jurisdictional Sub-Registrar is learned counsel's say. Therefore, the second applicant will now have the benefit of decree in favour of first applicant. We are also informed that said judgment and decree of the trial Court has been given legal quietus as there is no appeal as against the same.
4. In the light of the narrative thus far, considering that the prayer in sub application is innocuous but imperative, the same is acceded to.
5. Captioned Sub Application is ordered as prayed for. There shall be no order as to costs.
[M.S., J] [K.G.T., J] 06.06.2023 (1/2) mk M.SUNDAR, J., Page Nos.2/3
and K.GOVINDARAJAN THILAKAVADI, J., mk in Cont P.SR.No.145136 of 2022 06.06.2023 (1/2) Page Nos.3/3