S. Mohamed Auriff v. Shameem Farzana

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Mohamed Auriff ... Petitioner -vsShameem Farzana ... Respondent PRAYER : Petition filed under Section 10 of Contempt of Courts Act, praying to punish the respondent for the disobedience of the decree dated 18.02.2020 passed in G.W.O.P. No.23 of 2016 on the file of the First Additional District Court, Madurai.

For Petitioner : Mr.J.Barthan For Respondent : Mr.V.George Raja for M/s.Ajmal Associates

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] The Contempt Petition is filed alleging wilful disobedience of the decree dated 18.02.2020, passed in G.W.O.P. No.23 of 2016, on the file of the I Additional District Court, Madurai.

2. Learned counsel for the petitioner states that the petitioner is not interested in pursuing this petition and therefore, he has not contacted him.

3. Unless the petitioner is able to sustain the violation of the order of the lower Court, this Court is unable to proceed further in the Contempt Petition, especially when the petitioner has other remedies to execute the order. Hence, this Court is not willing to proceed with the Contempt Petition any further.

4.

In the said circumstances, this Contempt Petition is closed. [S.S.S.R, J.] [D.B.C., J.] 14.08.2023 Index : Yes / No sj

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

sj 14.08.2023