Hafiz M.Abdul Samad v. H.M.Muneeb - Treasurer And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.11.2023

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY Hafiz M.Abdul Samad ... Petitioners Vs.

1.H.M.Muneeb - Treasurer 2.Syed Shah Yousuf Hussain - Trustee 3.G.Khader Ahmed - Trustee 4.Ameer Ahmed Munaf - Trustee Of Ameerunnisa Begum Saheba Endowment, No.76, Bharathi Salai, Triplicane, Chennai 600 005.

... Respondent Prayer:

Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971, to punish the respondents for wilful disobedience of the judgement and decree dated 01.11.2022 passed in S.A.No.84 of 2012 on the file of this Court confirming the judgement and decree dated 23.07.2008 1/4

passed in O.S.No.5765 of 2006 on the file of the learned I Assistant Judge, City Civil Court, Chnnai.

For Petitioners : Mr.R.Abdul Mubeen For Respondent : No appearance

ORDER

This Contempt Petition is filed to punish the respondents for wilful disobedience of the judgment and decree dated 01.11.2022 passed in S.A.No.84 of 2012

2. The learned counsel for the petitioner would submit that the judgment and decree passed in S.A.No.84 of 2012 has not been executed by the respondent. Hence, he approached this Court and filed the present contempt petition.

3. Considering the above submission, this Court is not inclined to entertain this contempt petition. However, this Court grants liberty to the petitioner either to file an execution petition before an appropriate forum or 2/4

to file a writ petition, if any writ remedy is available to him, in accordance with law.

4. Accordingly, this Contempt Petition is closed. 29.11.2023 Speaking/Non-speaking order Index : Yes / No nsa 3/4

KRISHNAN RAMASAMY.J., nsa 29.11.2023 4/4