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Madras High CourtCONT P/4105/2025closed

S.Madhanraj v. Jaya And 6 Others

2026-01-02Honourable Mr Justice P. Velmurugan,Honourable Mr.Justice M.Jothiraman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2026

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN S.Madhanraj .. Petitioner Vs 1.

Jaya 2.

Rani 3.

Sivagami 4.

Murugan 5.

Dillibabu 6.

Loganathan 7.

P.Mayakrishnan @ Mayanathan .. Respondents PRAYER : Petition filed under Section 10 read with Section 12 of the Contempt of Courts Act, 1971, to exercise jurisdiction, powers and authority under Section 10 of the Contempt of Courts Act, 1971 to take cognizance of this petition, to summon and haul up the above named respondents (contemnors) and charge them under Section 2(b) of the Act and try them for their contemptuous acts of Civil Contempt of the injunction order dated Page Nos.1/4

13.03.2024 passed by the learned I Additional District Judge, Thiruvallur in I.A.No.1 of 2024 in O.S.No.459 of 2023 and punish them under Section 12(3) of the Contempt of Courts Act, 1971.

For Petitioner : Mr.Govintaraj Kannan

O R D E R

The Contempt Petition has been filed alleging non-compliance of the order dated 13.03.2024 passed by the learned I Additional District Judge, Thiruvallur in I.A.No.1 of 2024 in O.S.No.459 of 2023.

2. A perusal of the records discloses that the said order was passed under Order XXXIX Rule 2 C.P.C., granting an order of temporary injunction in respect of the suit property pending disposal of the suit. In the event of any violation of the injunction order, the appropriate remedy available to the petitioner is to approach the Court, which passed the order by invoking Order XXXIX Rule 2(A) C.P.C. Without availing the said statutory remedy, the petitioner has approached this Court by filing the present contempt petition. Hence, this Court is not inclined to entertain the Contempt Petition. Accordingly, the Contempt Petition is closed. However, Page Nos.2/4

the petitioner is at liberty to approach the Court below and work out his remedy in the manner known to law.

[P.V.,J.] [M.J.R.,J.] 02.01.2026 ms Page Nos.3/4

P.VELMURUGAN, J., AND M.JOTHIRAMAN, J., ms 02.01.2026 Page Nos.4/4