Dr.K.Arunkumar v. R.Samundeeswaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.09.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.Dr.K.Arunkumar 2.Dr.K.Yogeshwaran 3.Mrs.R.Chellathai ... Petitioners Vs.

Mr.R.Samundeeswaran ... Respondent Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for having committed contempt of Court by not complying with the order dated 30.11.2023 passed by this Court in S.A.No.698 of 2023, recording the joint compromise memo dated 30.11.2023 entered between the petitioners and the respondent herein.

For Petitioners : Mr.Praveen S Kumaar Page No.1 of 4

ORDER

This Contempt Petition has been filed to punish the respondent for having committed contempt of Court by not complying the order dated 30.11.2023 passed by this Court in S.A.No.698 of 2023, recording the joint compromise memo dated 30.11.2023 entered between the petitioners and the respondent herein.

2. The order dated 30.11.2023 is a judgment passed in the Second Appeal in terms of compromise entered into between the parties. Pursuant to that, a compromise decree was also passed. When the matter is decreed in terms of compromise and if the terms of the compromise is not complied, the recourse open to the aggrieved party is to take appropriate proceedings before the Execution Court either for implementing the decree or for initiating any contempt action. As the petitioners have wrongly invoked the contempt jurisdiction of this Court, the proceedings itself is not maintainable.

3. Accordingly, this Contempt Petition is dismissed. The petitioners Page No.2 of 4

are at liberty to file appropriate proceedings before the appropriate forum. Index : Yes /No 03.09.2024 Speaking / Non-speaking gsk Page No.3 of 4

R.N.MANJULA , J.

gsk 03.09.2024 Page No.4 of 4