Madras High Court
Vaithilingam vs Rathna on 28 September, 2021
Contempt Petition No.464 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.09.2021
Coram
THE HONOURABLE MR. JUSTICE P.N.PRAKASH
and
THE HONOURABLE MS. JUSTICE R.N.MANJULA
Contempt Petition No.464 of 2020
Vaithilingam
S/o.Manickam .. Petitioner
Vs.
1.Rathna, I.A.S.,
District Collector,
Ariyalur District,
Ariyalur.
2.K.Kumaraiah
Tahsildar,
Taluk Office, Jayankondam
Udayarpalayam Taluk,
Ariyalur District.
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Contempt Petition No.464 of 2020
3.Gurunathan
Commissioner,
Panchayat Union,
Andimadam,
Udayarpalayam Taluk,
Ariyalur District.
4.Visalakshi
President,
Village Panchayat,
Devanur, Udayarpalayam Taluk,
Ariyalur District. .. Respondents
Contempt Petition filed u/s.10 of the Contempt of Courts Act, 1971,
praying to punish the respondents for having committed contempt by
willfully disobeying and violated the decree and judgment passed in
O.S.No.259 of 2007 dated 18.07.2013 on the file of learned District Munsif,
Jayankondam, Ariyalur District.
For Petitioner : Mr.S.Nagarajan
For Respondents : Mr.P.Balathandayutham
Government Advocate
*****
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Contempt Petition No.464 of 2020
ORDER
[Order of the Court was made by P.N.PRAKASH, J]
This contempt petition has been filed seeking to punish the
respondents for having committed contempt by willfully disobeying and
violated the decree and judgment passed in O.S.No.259 of 2007 dated
18.07.2013 on the file of learned District Munsif, Jayankondam, Ariyalur
District.
2. Vaithilingam/plaintiff filed O.S.No.259 of 2007 in the Court of the
District Munsif, Jayankondam, against the (i)District Collector, Ariyalur,
(ii)Tahsildar, Jayankondam, (iii)Commissioner, Andimadam Panchayat
Union and (iv)President, Village Panchayat, Devanur, seeking a declaration
and mandatory injunction in respect of certain properties in Survey
Nos.230/3A and 230/3B mentioned in the plaint schedule. This suit was
decreed in favour of Vaithilingam on 18.07.2013, after contest. Challenging
the said judgment and decree, the defendants filed A.S.No.56 of 2017 before
the Sub Court, Jayankondam, which came to be dismissed for default on
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Contempt Petition No.464 of 2020
19.12.2017. It appears that Vaithilingam filed execution petitions also and
obtained some orders. Alleging non-compliance with the orders of the trial
Court, Vaithilingam has filed the present contempt petition.
3. When the contempt petition was taken up for hearing, learned
Government Advocate appearing for the respondents submitted that, after
A.S.No.56 of 2017 was dismissed for default, the appellants filed an
application for restoration of the appeal suit along with an application for
condonation of delay, which came to be dismissed by the Sub Court,
Jayankondam, on 05.08.2019. Aggrieved by that, the defendants in the
original suit preferred C.R.P.(NPD) No.150 of 2021 before this Court,
which came to be allowed on 03.06.2021 on payment of costs of
Rs.25,000/- to Vaithilingam on or before 15.06.2021. In C.M.P.No.12238 of
2021 in C.R.P.(NPD) No.150 of 2021, further time was extended by this
Court for payment of costs, by order dated 16.09.2021 and accordingly, the
costs of Rs.25,000/- was paid to Vaithilingam on 22.09.2021.
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Contempt Petition No.464 of 2020
4. In view of the above, A.S.No.56 of 2017 has to be restored to the
file of Sub Court, Jayankondam. In such view of the matter, the present
Contempt Petition has become infructuous and accordingly, the same is
closed.
The interim order of status quo that was granted by this Court by
order dated 07.12.2020 shall continue until orders are passed by the Sub
Court, Jayankondam, on any application that may be filed by the appellants
in the suit in A.S.No.56 of 2017.
[P.N.P., J] [R.N.M., J]
28.09.2021
Index: Yes/No
gm
To
1.The District Munsif,
Jayankondam,
Ariyalur District.
2.The Public Prosecutor,
High Court, Madras.
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Contempt Petition No.464 of 2020
P.N.PRAKASH, J
and
R.N.MANJULA, J
gm
Contempt Petition No.464 of 2020
28.09.2021
https://www.mhc.tn.gov.in/judis/
