IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. VENUGOPAL, S. BASKARAN, JJ.
K.B. Rajendran - Petitioner
Vs.
Tmt. A. Shanthi - Respondent
Cont. P.D. No. 6463 of 2018
Decided On : 25-06-2018
Constitution of India,1950-Article 227 - Civil Procedure Code,1908- Section 104, 107 and 115 - Order 43 Rule 1 - Misuse of Power, Post and Writing Orders in Disobedience - Seeking to pass an order - Petitioner has filed present Contempt Petition seeking to pass an order by this Court to punish Respondent wilfully, knowingly and deliberately disobeying orders of Honble Division Bench made in Contempt Petition Sr.No. - Stand of Petitioner is that in W.A.No., this Court on had directed the Revenue Authorities not to interfere until title is settled by the Civil and Appellate Courts etc., and further writ Appeal, it is observed- The Petitioner submits that present Contempt Petition is filed against the Respondent on the grounds of Misuse of Power, Post and Writing Orders in Disobedience to directions issued by this Court with an intent to save Respondents 1 to 5 from punishment - Held, Contempt Petition is dismissed - Since I.A.Nos. are pending on file of Learned XVIII Assistant Judge, City Civil Court along with main suit then this Court, on basis of Equity, Fair Play, Good Conscience, even as a matter of prudence, directs the Learned XVIII Assistant Judge, City Civil Court, to dispose of I.A.Nos. as well as main suit in O.S.No. within a period of five months from the date of receipt of copy of this Order, of course, after granting sufficient opportunities to parties - It is needless for this Court to make a significant mention that Learned XVIII Assistant Judge, City Civil Court, while disposing of main suit as well as I.A.Nos. - Learned VII , this Court is not expressing any opinion on the said pending case - Parties are directed to co-operate and lend their unstinted assistance to the trial Court with a view to dispose of the main suit as well as I.A.Nos. well within time determined by this Court-Liberty is also granted to the parties to raise all factual and legal issues before the trial Court.
M. Venugopal, J.
Preface :
The Petitioner/Party-in-person has filed the present Contempt Petition seeking to pass an order by this Court to punish the Respondent wilfully, knowingly and deliberately disobeying the orders of the Hon'ble Division Bench dated 11.08.2017 made in Contempt Petition Sr.No.18117 of 2017.
2. Heard the Petitioner on the 'Maintainability of the present Contempt Petition'.
3. Earlier, this Court, while dismissing the Contempt Petition Sr.No.18117 of 2017 on 11.08.2017, at Paragraph No.37, had observed the following:
“37. In fine, the Contempt Petition is dismissed. Since the C.M.A No.92 of 2015 is pending on the file of Learned XIXth Additional Judge, City Civil Court, Chennai (arising out of the Orders passed by the trial Court in I.A.No.17292 of 2014 dated 11.11.2014 in O.S.No.6407 of 2014 on the file of XVIII Assistant Judge, City Civil Court, Chennai) and further, this Court keeping in mind that nearly three years have rolled by, not expressing any opinion on the merits of the pending matters before the concerned Courts and also by exercising its sound judicial discretion, directs the Learned XIXth Additional Judge, City Civil Court, Chennai to dispose of the pending C.M.A.No.92 of 2015 within a period of four months from the date of receipt of copy of this Order, of course, after providing adequate opportunities to the respective parties. Equally, this Court also directs the Learned XVIIIth Assistant Judge, City Civil Court, Chennai to dispose of I.A.No.10124 of 2015 (Impleading Petition) in O.S.No.6407 of 2017 within a period of four months from the date of receipt of copy of this Order, of course after providing enough opportunities to the respective parties. It cannot be gainsaid that the trial Court as well as the Appellate Court while disposing of the Main Suit as well as Civil Miscellaneous Appeal shall pass a reasoned, speaking Judgment on merits in a fair, just in an impartial, unbiased and dispassionate manner. The respective parties are directed by this Court to lend their assistance and unstinted cooperation to the trial Court as well as to the Appellate Court in regard to the completion of respective proceedings in O.S.No.6407 of 2014 and C.M.A.No.92 of 2015 (Pending on their File) within the time adumbrated by this Court. Soon after disposal of the Main Suit in O.S.No.6407 of 2014 and C.M.A.No.92 of 2015, the trial Court as well as the Appellate Court shall send a complete and comprehensive compliance report addressed to the Registrar (Judicial) of this Court without fail.”
Petitioner's Pleas:
4. The stand of the Petitioner is that in W.A.No.188 of 2016, this Court on 19.02.2016 had directed the Revenue Authorities not to interfere until the title is settled by the Civil and Appellate Courts etc., and further at Paragraph No.16 of the said Writ Appeal, it is observed as under:-
“16. Be that as it may, this Court, on a careful consideration of the contentions advanced by the Appellant [Party-in-Person) and also this Court, on going through the impugned order dated 21.09.2015 in W.P.No.13169 of 2015 passed by the Learned Single Judge, inter alia to that effect
'....... Thus, the writ petition stands disposed of by observing that the Civil Court including the Trial Court or the Appellate Court, which is hearing the appeal filed against the interlocutory application are expected to dispose of the same without placing any reliance upon the joint patta issued by the third respondent. It is also made clear that it is open to the parties to approach the third respondent after the disposal of the suit and placing reliance upon the same the third respondent has to act.', is of the considered view that the said order is Just, Fair and Valid one, in the eye of Law and requires no interference. Consequently, the Writ Appeal fails.”
5. The Petitioner points out that one Tmt. Thennarasi, wife of Sekar had suppressed the already disposed of the case in W.A.No.188 of 2016 and W.P.No.38555 of 2015 and Crl.O.
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