Smt.Krishnaveni vs Smt.Vijaya
2024 Latest Caselaw 18263 Mad

Madras High Court

Smt.Krishnaveni vs Smt.Vijaya on 12 September, 2024

Author: S.M.Subramaniam

Bench: S.M.Subramaniam, V.Sivagnanam

                                                                                       L.P.A.No.8 of 2023



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 12.09.2024

                                                         CORAM :

                                     THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
                                                       AND
                                      THE HON'BLE MR.JUSTICE V.SIVAGNANAM

                                                     L.P.A.No.8 of 2023

                     1. Smt.Krishnaveni
                        W/o Siva

                     2. Markandan
                        S/o Manicka Mudaliar

                     3. Subramani
                        S/o Ethiraj                                ..     Appellants

                                                             v.

                     Smt.Vijaya
                     W/o Ravi                                      ..     Respondent

                                  Memorandum of Grounds of Letters Patent Appeal under Clause 15
                     of the Letters Patent, against the order dated 17.03.2023 passed by the
                     learned single Judge in Contempt Petition No.573 of 2023 in
                     C.R.P.No.1041 of 2022.



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                                                                                          L.P.A.No.8 of 2023



                                        For Appellants     ::     Mr.R.Balasubramanian

                                        For Respondent     ::     Mr.G.P.Sivakumar

                                                          JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM,J.)

The letters patent appeal on hand has been instituted against the order

dated 17.03.2023 passed in Contempt Petition No.573 of 2023.

2. Contempt Petition No.573 of 2023 was instituted under Section 11

of the Contempt of Courts Act to punish the respondent for willful

disobedience of the order dated 12.01.2023 in C.R.P.No.1041 of 2022. In

the order dated 12.01.2023, the learned single Judge directed the

subordinate Court to dispose of the suit within a period of three months

from the date of receipt of a copy of the order. Taking note of the fact that

the said order would not provide a cause for contempt proceedings on the

allegation made by the appellants, the learned single Judge dismissed the

contempt petition by holding that it is not the case of the

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appellants/petitioners that the construction had taken place subsequent to

the order dated 12.01.2023. Even when the civil revision petition was

pending, an Advocate Commissioner was appointed and the report of the

Advocate Commissioner revealed that there was no hut available in the suit

property as mentioned in the plaint. There were two houses in the suit

property, one on the western side with a room and the other on the eastern

side with bathroom and toilet. It is further mentioned that there was a

cement sheet roofing. The Commissioner noted down certain vegetation in

the suit property. Therefore, the learned single Judge has taken note of the

factual submissions made by the appellants and also considered the scope of

the contempt proceedings with reference to the order dated 12.01.2023,

against which the contempt petition was filed.

3. We do not find any reason to differ with the findings made by the

learned single Judge in the contempt order. If at all any grievance exists to

the appellants, they are at liberty to workout their remedy in the manner

known to law in the pending suit or otherwise. With this observation, the

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letters patent appeal is dismissed. Consequently, interim order stands

vacated and the C.M.P.Nos.20066, 20067 of 2023 & 3307 of 2024 are also

dismissed. No costs.

                     Index : yes/no                          (S.M.S.,J.)    (V.S.G.,J.)
                     Neutral citation : yes/no                      12.09.2024

                     ss




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                                    S.M.SUBRAMANIAM, J.
                                                        AND
                                       V.SIVAGNANAM,J.


                                                            ss









                                                12.09.2024


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