Andhra Pradesh High Court - Amravati
V.Venkateswara Raoalias Chintu vs Sri Vyasasramam on 8 December, 2022
Bench: C.Praveen Kumar, B V Chakravarthi
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI
CONTEMPT APPEAL No.34 of 2022
JUDGMENT:- (Per Hon'ble Sri Justice C.Praveen Kumar)
Heard Sri G. V. S. Kishore Kumar, learned counsel for
the appellant, and Sri G. Ramesh Babu, learned counsel
appearing for the respondent, and with their consent, this
Contempt Appeal is disposed of at the stage of admission.
2. The present Contempt Appeal is filed under Section 19 of
the Contempt of Courts Act, 1971 challenging the order, dated
01.11.2022 in C.C.No.1466 of 2021 wherein a learned Single
Judge of this Court passed the following order:-
"19) In the considered opinion of this Court, once the
respondent by filing a compromise Memo invited the decree
dated 24.11.1997 and as such, he has to implement the
same without any deviation. Avoiding to implement the
decree is deliberate violation of the Order of the Court,
which is punishable under the provisions of the Contempt of
Court Act. As such, in our considered view, the respondent
has committed Contempt of Court and therefore, he is liable
for the punishment under the provisions of the Contempt of
Court Act.
20) Accordingly, the Contempt Case is allowed and the
contemnor is sentenced to undergo Simple Imprisonment for
a period of Two months and to pay a fine of Rs.2000/-
(Rupees Two Thousand only). In default of the payment of
the amount, the respondent shall undergo Simple
Imprisonment for a period of Two weeks.
(ii) The Contemnor is directed to surrender before the
Registrar (Judicial) of this Court on or before 14-11-2022.
21) There shall be no order as to costs."
3. It appears that pending appeal, the parties have settled
their dispute out of Court. The respondent filed a memo before
this Court on 01.12.2022, duly enclosing the Undertaking
Affidavit given by the appellant dated 30.11.2022. Para No.4 of
the said Undertaking Affidavit reads as under:-
"4. I submit that, as the matter stood, pending contempt
appeal, the parties to the above proceedings have reconciled
the subject issue in 'lis' and pursuant to the reconciliation, I
hereby undertake to vacate the schedule properties as per
the following terms and conditions:-
a) That I shall forthwith handover the property situated
behind the two theaters viz., Sri Venkateshwara Theater
and Ananda Theater, roughly an extent of 10,000 sft. to the
respondent.
b) That I shall handover Ananda Theater, in its as it is
where it is form, by 28.02.2023, without fail to the
respondent.
c) That the respondent in the contempt appeal, who is the
absolute owner of the schedule properties, has accepted for
my continuation of my possession and enjoyment as a
lawful tenant in Sri Venkateshwara Theater and that I
shall continue the same till 31.12.2024 and respondent has
no objection of any kind.
d) That I shall pay the monthly rent, an amount of
Rs.65,000/- for Sri Venkateshwara Theater from 01.03.2023
till 31.12.2024 without fail to the respondent.
e) That I shall strictly adhere to all the above conditions
with due diligence and I reiterate that I shall not deviate
from the above conditions/understanding between me and
respondent in the contempt appeal.
f) That it is made clear, in the event myself and respondents
in the contempt appeal have any future thought, to continue
as a lessee and lessor in the said premises, that we shall
get executed a new agreement to the satisfaction of the both
the parties, however it is mandatory that I shall vacate the
premises by 31.12.2024 and handover the possession
enjoyment of Sri Venkateshwara Theater to the respondents
and after handing over the theater only, a new agreement
for Sri Venkateswara Theater or for other properties that I
am relinquishing by way of this undertaking shall be
executed by the respondent, all at his will and pleasure.
g) The above terms and conditions as stipulated or executed
by me in due diligence, without threat, fraud, coercion and
same are binding on me for the above purpose only."
In view of the above, learned counsel for the appellant would
submit that the matter may be closed.
4. Taking into consideration the contents of the Undertaking
Affidavit filed and having regard to the terms and conditions
stipulated therein, which are agreed upon, this Contempt
Appeal stands closed. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Contempt
Appeal shall stand closed.
_______________________________
JUSTICE C.PRAVEEN KUMAR
___________________________________
JUSTICE B.V.L.N.CHAKRAVARTHI
Date : 08.12.2022
AMD
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI
CONTEMPT APPEAL No.34 of 2022
Date : 08.12.2022
AMD
