Vasantha v. Umapathi Pillai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN and Sub.Appl.No.604 of 2024

1. Vasantha

2. M.Arul .. Petitioners

Versus

1. Umapathi Pillai

2. Elaya Ambeth .. Respondents Prayer : Contempt Petition filed under Section 10 of the Contempt of Court Act, 1971, to punish the respondents for disobediences of the order, dated 15.03.2024 made in I.A.No.220 of 2024 in O.S.No.194 of 2024 passed by the learned Sub Judge, Chidambaram, Cuddalore district. For Petitioner : Mr.M.Ragul Kousik

ORDER

(Order of the Court was made by M.S.RAMESH, J.) When Order XXXIX Rule 2-A of C.P.C itself provides for a procedure to be followed whenever disobedience of an order of interim injunction granted under Order XXXIX Rule 1 and 2 of C.P.C is made, the 1/3

present Contempt Petition filed under Section 10 of the Contempt of Court Act, 1971, cannot be sustained in view of the alternate remedy available.

2. Hence, this Contempt Petition stands dismissed. It is needless to point out that it is always open to the petitioners to invoke the Order XXXIX Rule 2-A of C.P.C ventilating their grievances. Consequently, the connected Sub Application stands closed.

[M.S.R., J] [S.M., J] 08.07.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs 2/3

M.S.RAMESH, J.

AND SUNDER MOHAN, J.

grs and Sub.Appl.No.604 of 2024 08.07.2024 3/3