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Madras High CourtCONT P/1037/2020closed

R Maruthasalam (Deceased) v. C Kumarasamy

2023-08-25Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2023

CORAM

THE HON'BLE MR. JUSTICE S. VAIDYANATHAN AND THE HON'BLE MR .JUSTICE C. SARAVANAN CONTEMPT PETITION No. 1037 of 2020

1. R. Maruthasalam (deceased)

2. R. Visalakshi

3. M. Sanjeev (3rd petitioner brought on record as legal heir of the deceased first petitioner R. Maruthasalam (deceased) as per the order of the Court dated 22.11.2022 made in Sub.Appln. No.691 of 2022 in Cont.P. No. 1037 of 2020) ..Petitioners Vs.

1. C. Kumarasamy

2. R. Subbulakshmi

3. Smt. Kousalya ..Respondents Prayer:

Petition filed under Section 11 of the Contempt of Courts Act, 1970/71 to punish the respondents for wilful disobedience of the order 1\4

passed by this Court in C.M.P. No.8127 of 2020 in A.S. No. 668 of 2020 dated 04.08.2020.

For Petitioners ::

Mr.R. S. Maitreya For Respondents ::

Mr.Eswar Kumar for R1 Mr.B. Vijay, for R2 & R3

O R D E R

(Made by S. Vaidyanathan,J.) Alleging disobedience of the order dated 04.08.2020 passed in C.M.P. No.8127 of 2020 in A.S. No. 668 of 2020, the present contempt petition has been filed.

2.

When the matter is taken up for hearing, it is represented that both parties are before this Court by means of A.S. No. 668 of 2020. It appears that the respondents in the contempt petition have disobeyed the interim order dated 04.08.2020 passed by this Court in view of the fact that the said order was not extended.

2\4

3.

However, Mr.B Vijay, learned counsel for respondents 2 and 3 submitted that after the interim order passed by this Court on 04.08.2020, neither any alteration has been done to the property nor steps have been taken to alienate the same.

4.

Now, both the parties are aggrieved by the judgment and decree of the Trial Court in O.S. No. 15 of 2014 and the matter is S. VAIDYANATHAN,J.

AND C. SARAVANAN,J.

nv pending before this Court in A.S. Nos. 668 of 2020. Therefore, we close the contempt petition with liberty to the parties to work out their remedy depending upon the outcome of A.S. No. 668 of 2020 together with A.S. Nos. 838 of 2020.

(S.V.N.J.) (C.S.N.J.) 3\4

nv 25.08.2023 Cont.P. No. 1037 of 2020 4\4