Madras High CourtCONT P/1108/2019dismissed

R.Chandrashekar v. J.Gowtham Chand Sethyia

2019-08-02Honourable Ms. Justice P.T. Asha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2019

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Cont.P.No.1108 of 2019 1.R.Chandrashekar 2.R.Lokanath 3.M.Subramani 4.M.Sundaram 5.M.Murugesan 6.M.Ramu 7.Shanthamma ... Petitioners Vs J.Gowtham Chad Sethyia, S/o.Jaswanth Mul Sethyia, No.54/19, Lakshmi Road, 4th Cross Shanthi Nagar, Bangalore 560027.

... Respondent Prayer: Contempt Petition is filed under Section 11 of the Contempt of Court Act, 1971, to punish the respondent for violating the order of this Hon'ble Court dated 16.04.2019 in C.M.P.No.9229 of 2019 in C.R.P.(PD). No.1404 of 2019.

For Petitioners :

Mr.R.Chandrashekar (Party-in-Person)

O R D E R

This Court by order dated 16.04.2019 had passed an order of interim stay of all further proceedings in suit O.S.No.150 of 2015 on the file of the District Munsif-cumJudicial Magistrate, Denkanikottai till 18.06.2019. The petitioners have now come forward with the present Contempt Petition with the allegations that the respondent is disturbing the peaceful possession and enjoyment of the property subject matter of the suit O.S.No.150 of 2015 on the file of the District Munsif-cum-Judicial Magistrate, Denkanikottai and that he had taken the assistance of the Gundas.

2. The interim order that the petitioners have obtained is one for a stay of all further proceedings in the suit O.S.No.150 of 2015, pending disposal of the Civil Revision Petition in C.R.P.No.1404 of 2019. The stay was also granted till 18.06.2019 and the party in person would submit that the stay has been extended. The petitioners

have not obtained any order of injunction restraining the respondent from putting up any construction in the suit property or from interfering with the petitioners' peaceful possession and enjoyment of the same. Therefore this Court does not find any disobedience of the order of this Court dated 16.04.2019.

The Contempt Petition stands dismissed. There shall be no order as to costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) kan //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Smi/21/08/2019