Andhra Pradesh High Court
Judges : ELIPE DHARMA RAO
S.Rukman Naik - Appellant
Versus
P.Anjani Prabha - Respondent
Decided On : 07-29-04
Contempt of Courts Act - Sections 10 and 12 – Land case – Possession - This Memorandum of Contempt Case is filed to punish the respondents for violating the directions of Court in the interest of justice - Petitioner is the owner and in possession - Respondents tried to interfere with his peaceful possession over the said plot and were claiming title over the property, in collusion with his brother demolished the compound wall - Lodged a complaint with the police to initiate action against the respondents for haying abused him in public in the name of his caste – Held, Court has succumbed to an unjust plea of the petitioner who filed the application under order 26, Rule 9 read with Section 151 of CPC seeking to appoint an Advocate-Commissioner/re-entrust the warrant issued to inspect the site in Plot for noting down the stage of construction, physical features of site, pending disposal of the contempt case, when the report of the first Advocate-Commissioner is pending consideration, this court allowed for the second time and appointed the same advocate Commissioner and re-entrusted the warrant - It is nothing but with an attempt to curb such an abuse of the process of Court by unscrupulous litigants, Court intend recording the facts of this case somewhat elaborately, albeit, as stated above, otherwise it may not be necessary to do so – Court do not see any reason that the respondents have committed any violation of the direction given by this Court as aforesaid and in my considered opinion the inevitable conclusion is that the contempt case is sans merit and deserves dismissal - Dismissed accordingly
( 1 ) THIS Memorandum of Contempt Case is filed under Sections 10 and 12 of Contempt of Courts Act to punish the respondents for violating the directions of this Court in CMP. No. 316 of 2002 in s. A. No. 14 of 2002, dated 14-1-2002 in the interest of justice.
( 2 ) BEFORE proceeding with the contempt case, for proper appreciation of the factual matrix, respective pleadings of the parties may be relevant.
( 3 ) PETITIONER is the owner and in possession of 729 sq. yards in Plot No. 77/19 of Yamuna Nagar Co-operative Society, survey No. 102/3 of Hakimpet Village of shaikpet Revenue Mandal, Hyderabad. In 1992, when the respondents tried to interfere with his peaceful possession over the said plot, he filed O. S. No. 1485 of 1992 on the file of the Court of VII Junior Civil Judge, city Civil Court, Hyderabad. As a counterblast, the respondents also filed o. S. No. 1686 of 1992 on the file of the same Court. Hence, both suits were clubbed and tried together. After full-fledged trial, the Trial Court decreed the suit of the petitioner and dismissed the suit of the respondents. Assailing the judgment and decree in O. S. No. 1485 of 1992, the respondents filed A. S. No. 194 of 1998 and a. S. No. 263 of 1998 against the judgment and decree in O. S. No. 1686 of 1992. The first appellate Court decreed both the appeals filed by the respondents. Questioning the judgment and decree in A. S. No. 194 of 1998 and A. S. No. 263 of 1998, the petitioner filed SA No. 14 of 2002 and SA No. 1175 of 2001 respectively. In SA No. 14 of 2002 an application in CMP No. 316 of 2002 was filed to restrain the respondent from interfering with his peaceful possession over the suit schedule property. This Court passed by order dated 4-1-2002 directed both parties to maintain status quo with regard to possession of land as on the date of order in cmp No. 316 of 2002 in SA No. 14 of 2002. The order in CMP No. 316 of 2002 was communicated telegraphically and through court to the respondents.
( 4 ) ALBEIT, the respondents were claiming title over the property and claiming plot No. 308-A of Sri Venkateswara Cooperative Society, Hyderabad, which is having claim over the land in Survey No. 403/1 of Shaikpet Village and Survey No. 102/1 of hakimpet Village, petitioner filed lgc. No. 56 of 2002 in the Special Court constituted under the provisions of A. P. Land grabbing (Prohibition) Act, Hyderabad against the respondents. Thereafter, the respondents in collusion with his brother demolished the compound wall raised around plot No. 77/19 of Yamuna Nagar Housing society in Survey No. 102/3 of Hakimpet village of Shaikpet Revenue Mandal, Road no. 12, Banjara Hills, Hyderabad on 21-9-2002. He also lodged a complaint with the police to initiate action against the respondents for haying abused him in public in the name of his lambada caste.
( 5 ) IT is necessary at this stage to refer to the role of the petitioner and his attitude and approach to the issue before the Court for a proper understanding of the nature of the proceedings instituted, his sole aim as well as the merit of his claim.
( 6 ) IN LGC No. 56 of 2002, petitioner filed LA. No. 847 of 2002 for injunction against the respondents including other land grabbers but as the status quo orders were in subsistence against the respondents in cmp No. 316 of 2002 in SA No. 14 of 2002 and CMP No. 24534 of 2001 in SA No. 1175 of 2001 before this Court, he did not press for injunction against the respondents in cmp. No. 316 of 2002 in SA No. 14 of 2002 and moreover when IA. No. 847 of 2002 in lgc No. 56 of 2002 was filed the respondents Counsel took objection on the ground that the respondents are not interfering and are not raising any construction pursuant to orders passed by this Court in CMP no. 316 of 2002 in SA No. 14 of 2002.
( 7 ) WHEN it was brought to the notice of the Special Court that the respondents started raising constructions taking advantage of summer vacation then the Special Court dire
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