G.Rajeshwari vs S.Srinivasan ... 1St ...
2021 Latest Caselaw 20717 Mad

                                                                        Cont.P(MD)No.1343 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 07.10.2021
                                                    CORAM:
                               THE HONOURABLE MR.JUSTICE M.DURAISWAMY
                                                 AND
                              THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

                                         Cont.P(MD)No.1343 of 2021
                                                     in
                                              A.S.No.9 of 2013
                                                     in
                                             O.S.No.127 of 2011
                                                    and
                                         Sub.Aplc(MD)No.276 of 2021


                     1.G.Rajeshwari

                     2.S.Govindaraj                 ... Petitioners/Respondents 1 & 2/
                                                                       Defendants 1 & 2

                                                       Vs.

                     1.S.Srinivasan                 ... 1st Contemnor/Appellant/Plaintiff

                     2.S.Sundaraj                   ... 2nd Contemnor/3rd Respondent/
                                                                       3rd Defendant


                     Prayer: Petition filed under Section 10 of the Contempt of Courts
                     Act, 1971, to punish the respondents herein for their acts of
                     contempt committed by them by willfully disobeying the Judgment
                     and Decree dated 31.01.2013 in O.S.No.12 of 2010 and counter
                     claim in O.S.No.127 of 2011 on the file of the District Munsif Court,
                     Periyakulam confirmed by Judgment and Decree dated 12.12.2017
                     in A.S.No.9 of 2013 passed by the learned Sub Judge, Periyakulam.


                                   For Petitioner         : Mr.N.Dilip Kumar

https://www.mhc.tn.gov.in/judis/
                     1/4
                                                                         Cont.P(MD)No.1343 of 2021


                                                       ORDER

(Order of the Court was made by M.DURAISWAMY,J.)

Mr.N.Dilip Kumar, learned counsel appearing for the petitioner

seeks permission of this Court to withdraw the Contempt Petition

with liberty to prosecute the Execution Petition in E.P.No.3 of 2021

pending on the file of the District Munsif Court, Periyakulam and he

has also made an endorsement to that effect.

2.Further, the learned counsel appearing for the petitioner

submitted that a direction may be given to the Executing Court to

dispose of the Execution Petition within a time frame.

3.Having regard to the submissions made by the learned

counsel for the petitioner, the Contempt Petition is dismissed as

withdrawn. The learned District Munsif, Periyakulam is directed to

dispose of the Execution Petition in E.P.No.3 of 2021 on merits and

in accordance with law within a period of four months from the date

of receipt of a copy of this order. No costs. Consequently, connected

Sub Application is closed.

                                                           [M.D.,J]      [K.M.S.,J.]
                     Index             :Yes/No                    07.10.2021
                     Internet          :Yes/No
                     indu/ps

https://www.mhc.tn.gov.in/judis/

Cont.P(MD)No.1343 of 2021

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1.The District Munsif, Periyakulam.

2.The Sub-Court, Periyakulam.

https://www.mhc.tn.gov.in/judis/

Cont.P(MD)No.1343 of 2021

M.DURAISWAMY,J.

and

K.MURALI SHANKAR,J.

ps

Cont.P(MD)No.1343 of 2021 and Sub.Aplc(MD)No.276 of 2021

07.10.2021

https://www.mhc.tn.gov.in/judis/