Hafiz M.Abdul Samad vs H.M.Muneeb – Treasurer
2023 Latest Caselaw 15323 Mad

Madras High Court

Hafiz M.Abdul Samad vs H.M.Muneeb – Treasurer on 29 November, 2023

Author: Krishnan Ramasamy

Bench: Krishnan Ramasamy

                                                                                   Cont.P.No.2118 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 29.11.2023

                                                           CORAM

                                  THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY

                                                   Cont.P.No.2118 of 2023


                     Hafiz M.Abdul Samad
                                                                                        ... Petitioners
                                                               Vs.


                     1.H.M.Muneeb – Treasurer

                     2.Syed Shah Yousuf Hussain – Trustee

                     3.G.Khader Ahmed – Trustee

                     4.Ameer Ahmed Munaf – Trustee

                        Of Ameerunnisa Begum Saheba Endowment,
                        No.76, Bharathi Salai,
                        Triplicane, Chennai 600 005.
                                                                                      ... Respondent
                     Prayer:
                                  Contempt Petition filed under Section 11 of the Contempt of Court
                     Act, 1971, to punish the respondents for wilful disobedience of the
                     judgement and decree dated 01.11.2022 passed in S.A.No.84 of 2012 on the
                     file of this Court confirming the judgement and decree dated 23.07.2008

                     1/4


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                                                                                     Cont.P.No.2118 of 2023

                     passed in O.S.No.5765 of 2006 on the file of the learned I Assistant Judge,
                     City Civil Court, Chnnai.


                                              For Petitioners : Mr.R.Abdul Mubeen

                                              For Respondent : No appearance


                                                             ORDER

This Contempt Petition is filed to punish the respondents for wilful

disobedience of the judgment and decree dated 01.11.2022 passed in

2. The learned counsel for the petitioner would submit that the

judgment and decree passed in S.A.No.84 of 2012 has not been executed by

the respondent. Hence, he approached this Court and filed the present

contempt petition.

3. Considering the above submission, this Court is not inclined to

entertain this contempt petition. However, this Court grants liberty to the

petitioner either to file an execution petition before an appropriate forum or

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to file a writ petition, if any writ remedy is available to him, in accordance

with law.

4. Accordingly, this Contempt Petition is closed.

29.11.2023

Speaking/Non-speaking order Index : Yes / No Neutral Citation: Yes / No nsa

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KRISHNAN RAMASAMY.J., nsa

29.11.2023

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