1. This application by the 4th respondent in S.A. No. 70 of 1990, who is one of the plaintiffs in O.S. No. 4524 of 1983 on the file of III Asst. Judge, City Civil Court, Madras, is for punishing the respondent K. Subban, who is the 2nd defendant in the suit and the appellant in the Second Appeal for Contempt of Court for having disobeyed the decree dated 9-8-1995 in the said Second Appeal, by which, inter alia, a permanent injunction, restraining the respondent from interfering with the possession of the suit property by the plaintiffs, was granted.

2. The relevant allegation in the affidavit in support of the application is as follows:—

“the Respondent attempted to trespass into the ‘A’ Schedule Property and to construct the huts therein. Immediately I lodged a Police Complaint the Respondents son viz. Murugan came to the said police station and he gave an undertaking in writing that he would not put up any construction in the said ‘A’ Schedule Property. However, on 21.8.95 night, the Respondent trespassed into the ‘A’ schedule property and constructed the huts. Next day, I came to know the said illegal action of the Respondent and rushed to the said police station and