G. Ramesh v. V. Kousalya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2018 Coram The Hon'ble Mr. Justice M.M.SUNDRESH Cont. Petition No.420 of 2018 1.G.Ramesh 2.G.Sankar 3.T.Priya .. Petitioners vs.

1.V.Kousalya W/o. Late Vedhagiri, New No. 82, old 163, V.M.st. Royapettah, Chennai 14.

2.V.Balu, S/o. Late Vedhagiri, 3.R.Vijaya, D/o. Late Vedhagiri, 4.V.Sivakumar, S/o. Late Vedhagiri, 5.V.SundarS/o. Late Vedhagiri, all are residing at New No. 82 old No. 163. V.M. Street, Royapettah, Chennai -600 014.

.. Respondents Petition filed under Section 11 of Contempt of Courts Act to punish the respondents for having disobeyed the orders dated 18.08.2016 and 25.10.2016 passed in O.A.No.475 of 2016 in C.S.No.175 of 2014.

For Petitioners ..

Mr.G.Jehanathan For Respondents ..

Mr.Karthikeyan

ORDER

This contempt petition has been filed interalia alleging that the orders passed by this Court insofar as the deposit of 1/6th share is concerned has not been complied with.

2.The contemnors are present except the contemnor Nos.1 and 3. It is submitted that the first contemnor is sick and the third contemnor has not been served. 3.Learned counsel appearing for the contemnors would submit that there is some difficulty in making the deposit before the Court by due compliance of the procedure. However, to show their bonafides, the deposit has been made by the contemnors before the Canara Bank, Gill Adarsh Matriculation Higher Secondary School Branch, Chennai - 14. The cash deposited as on today is Rs.1,64,896/-. Learned counsel also submits that the deposit would be made until further orders from this Court. The respondents/contemnors will not withdraw the amount.

4.Learned counsel appearing for the contempt petitioners would submit that the aforesaid despot may be permitted to be withdrawn since the amount represents only 1/6th of the share.

5.This Court is satisfied that the order passed by this Court has been complied with in substance, though not technically otherwise. However, it is made clear that as per the statement made by the learned counsel for the contemnors, the respondents/contemnors will have to comply with the order passed for all the ensuing months until the order is modified. It is also made clear that once in three

months, statement of account will have to be furnished to the learned counsel for the petitioners. The contempt petitioners are at liberty to file appropriate application for withdrawal of the said amount.

6.With the above observation, the contempt petition stands closed.

SD/ ASSISTANT REGISTRAR(Commr.Cases) mmi //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KR/CO/04/06/2018.

One CC to MrG. Jehanathan, Advocate, SR.4679.