R. Maruthasalam (Deceased) vs C. Kumarasamy
2023 Latest Caselaw 11270 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 25.08.2023

                                                        CORAM

                                  THE HON'BLE MR. JUSTICE S. VAIDYANATHAN

                                                          AND

                                   THE HON'BLE MR .JUSTICE C. SARAVANAN

                                       CONTEMPT PETITION No. 1037 of 2020

                     1. R. Maruthasalam (deceased)
                     2. R. Visalakshi
                     3. M. Sanjeev
                     (3rd petitioner brought on record as legal heir
                     of the deceased first petitioner R. Maruthasalam
                     (deceased) as per the order of the Court dated
                     22.11.2022 made in Sub.Appln. No.691 of 2022
                     in Cont.P. No. 1037 of 2020)                     ..Petitioners

                                                           Vs.

                     1. C. Kumarasamy
                     2. R. Subbulakshmi
                     3. Smt. Kousalya                             ..Respondents



                     Prayer:        Petition filed under Section 11 of the Contempt of Courts Act,

                     1970/71 to punish the respondents for wilful disobedience of the order



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                     passed by this Court in C.M.P. No.8127 of 2020 in A.S. No. 668 of 2020

                     dated 04.08.2020.

                                       For Petitioners   ::     Mr.R. S. Maitreya

                                       For Respondents ::       Mr.Eswar Kumar for R1

                                                                Mr.B. Vijay,
                                                                for R2 & R3

                                                              ORDER

(Made by S. Vaidyanathan,J.)

Alleging disobedience of the order dated 04.08.2020 passed in

C.M.P. No.8127 of 2020 in A.S. No. 668 of 2020, the present contempt

petition has been filed.

2. When the matter is taken up for hearing, it is represented that

both parties are before this Court by means of A.S. No. 668 of 2020. It

appears that the respondents in the contempt petition have disobeyed the

interim order dated 04.08.2020 passed by this Court in view of the fact that

the said order was not extended.

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3. However, Mr.B Vijay, learned counsel for respondents 2 and 3

submitted that after the interim order passed by this Court on 04.08.2020,

neither any alteration has been done to the property nor steps have been

taken to alienate the same.

4. Now, both the parties are aggrieved by the judgment and

decree of the Trial Court in O.S. No. 15 of 2014 and the matter is

S. VAIDYANATHAN,J.

AND

C. SARAVANAN,J.

nv

pending before this Court in A.S. Nos. 668 of 2020. Therefore, we close the

contempt petition with liberty to the parties to work out their remedy

depending upon the outcome of A.S. No. 668 of 2020 together with A.S.

Nos. 838 of 2020.

(S.V.N.J.) (C.S.N.J.)

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Cont.P. No. 1037 of 2020

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