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Madras High CourtCONT P/963/2020closed

S.Ramesh v. R.Shanmuga Priya

2021-08-31Honourable Mr Justice P. N. Prakash,Honourable Ms Justice R.N.Manjula3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.08.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Ms.JUSTICE R.N.MANJULA Contempt Petition Nos.963 & 964 of 2020 S.Ramesh, No.657, Anna Street, Poombozhil Nagar, Kovilpathagai, Chennai - 600 062 ... Petitioner in Cont.P.No.963 of 2020 Socrates, No.B4, Mehta's Gokulam, No.34, 35, 36, Kuberan Nagar, Velacherry, Chennai - 600 042 ... Petitioner in Cont.P.No.964 of 2020 Vs.

R.Shanmuga Priya, No.402-B, Deccan Pragati, Darga Road, Pallavaram, Chennai - 600 043 ... Respondent in both petitions Contempt Petition No.963 of 2020 filed under Sections 10 and 12 of the Contempt of Courts Act, 1971, to punish the respondent for committing contempt of Court by disobeying the order dated 14.02.2020 passed by the District Munsif Court, Alandur in I.A.No.140 of 2020 in O.S.No.52 of 2020. 1/3

Contempt Petition No.964 of 2020 filed under Sections 10 and 12 of the Contempt of Courts Act, 1971, to punish the respondent for committing contempt of Court by disobeying the order dated 18.02.2020 passed by the District Munsif Court, Alandur in I.A.No.151 of 2020 in O.S.No.54 of 2020. For Petitioner : Mr.Willson Topaz in both petitions for M/s.A.S.Kailasam Associates For Respondent : Mr.Sidharthavishnu in both petitions for Mr.K.Elango C O M M O N O R D E R [Order of the Court was made by P.N.PRAKASH, J.] On 21.06.2021, we passed the following order : "On 17.12.2020, this Court passed the following order : "These petitions have been filed by the petitioners who are plaintiffs in the suit pending on the file of the District Munsif, Alandur in O.S.No.52 & 54 of 2020 respectively, inter alia alleging that the orders passed in I.A.No.

140/2020 and 151 of 2020 have been violated willfully by the respondent/contemnor. 2.The learned counsel appearing for the respondent/contemnor submitted that not withstanding the counter filed, the said applications in I.A.No.140/2020 and 151 of 2020 are yet to be disposed.

3.After taking note of the statements made, without expressing anything on merits, we call upon the learned District Munsif, Alandur to dispose of the I.A.Nos.140 and 151 of 2020 in O.S.No.52 & 54 of 2020 respectively within a period of four weeks from the date of receipt of a copy of this order.

Post these Contempt Petitions after six weeks." 2/3

2. It is the grievance of both sides that the learned District Munsif, Alandur, was not able to comply with the order dated 17.12.2020, on account of lockdown due to COVID-19 pandemic and for other reasons also.

3. In view of the above, we direct the learned District Munsif, Alandur, to dispose of I.A.Nos.140 and 151 of 2020 in O.S.Nos.52 and 54 of 2020 respectively, within a period of six

(6) weeks from the date of receipt of a copy of this order. Post these Contempt Petitions on 16.08.2021."

2. Today, when these matters were taken up for hearing, both sides represented that I.A.No.140 of 2020 in O.S.No.52 of 2020 and I.A.No.151 of 2020 in O.S.No.54 of 2020 were dismissed for default by the learned District Munsif, Alandur on 26.07.2021.

In view of the above, nothing survives in these contempt petitions and are accordingly closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) gya //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/05/10/2021 3/3