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2021 Supreme(Ker) 47

S.MANIKUMAR, SHAJI P.CHALY
M. P. Varghese, S/o. M. J. Philip – Appellant
Versus
V. P. Devassia – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/S S.SUBHASH CHAND, S.JAYAKRISHNAN, S.PARAMESWARA PRASAD.
For the Respondent:DR.K.P.SATHEESAN (SENIOR ADVOCATE), AMICUS CURIAE.

ORDER :

S. Manikumar, J

Instant contempt cases are posted before us, based on the reference orders passed by learned Single Judges of this Court dated 09.01.2015 and 30.10.2019 respectively. In the reference order dated 09.01.2015 in Cont. Case (C) No. 1073 of 2014, it is stated thus:

    “Issue for Reference:

Whether Jyothilal (supra) has laid down the correct law in concluding in paragraph 24 of the judgment while declaring : [H]igh Court Rules clearly indicate, after taking cognizance when notice is issued by the Division Bench, unless the respondent contemnor is exempted from personal appearance, he should necessarily appear before the Court. Till then there is no requirement for the appearance of the respondent contemnor especially for the limited purpose of making an enquiry whether a prima facie case is made out to refer the matter to a Division Bench or not.”

Accordingly, I direct the Registry to place the matter before my Lord the Hon'ble the Acting Chief Justice for consideration and appropriate action.”

2. Cont. Case (C) No.1073 of 2014 is referred by a learned Single Judge, doubting the correctness of a decision of this Court in Jyothilal K.R. v. Mathai M.J., 2014 (1) KLT 147, w

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