JUDGMENT :

(Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act 1971, to punish the respondent with maximum punishment for willful and deliberate disobedience of the order passed by this Hon'ble Court dated 25.06.2018 in W.M.P.No.18286 of 2018 in W.P.No.15396 of 2018.)

The Contempt Petition is filed to punish the respondents for willful disobedience of the orders of this Court dated 25.06.2018 passed in W.M.P.No.18286 of 2018 in W.P.No.15396 of 2018.

2. This Court passed an order, directing the parties to maintain Status-Quo on 25th June 2018. The petitioner states that the writ petition was filed to set aside the award passed in Lok Adalat in O.S.No.1091 of 2013 on the file of the District Munsiff Court, Alandur in as much as it deals with the rights in respect of the properties and for consequential direction to cancel the sale deed dated 07.07.2017 executed by the second respondent in the writ petition. Along with the writ petition, the miscellaneous petition was filed, seeking an order of injunction and this Court directed the parties to maintain Status-Quo to avoid further complications and to consider the issues. On receipt of the order copy by a communication dated 25.06.2018, which was acknowledged by the respondent on 27.06.2018. The copy of the order passed by this Court was sent to the respondents. The interim order has been extended until further orders and is in force and in operation.

3. When the interim order of Status-Quo is in force, the contempt petitioner came to know that in utter violation and in willful disobedience of the interim order passed by this Court, the first respondent Mr.D.Nagarajan had executed a Sale Deed favouring one Mr. Venkataram Yellam Raju on 02.07.2018, which was registered as Document No.3707 of 2018 by the Sub-Registrar, purporting to convey an extent of 300 Sq.ft of undivided share in the Plot No.730, Ram Nagar South, 7th Main Road and registered as Document No.3706 of 2018.

4. Four documents were registered as Document No.3706 & 3707 of 2018 and 7633 & 7634 of 2018 are executed in favour of Mr.Suriyanarayanan.

5. Knowing these facts, the contempt petitioner made an enquiry and found that in violation of the interim order passed by this Court, the first respondent executed these documents, in spite of the fact that the copy of the interim order was communicated to the first respondent. Thus, the first respondent has committed Contempt of Court willfully and wantonly. Immediately, the petitioner issued a Contempt Notice on 08.10.2018 to the respondents and the purchaser through his counsel, calling upon to cancel the documents executed in violation of the interim order passed by this Court in order dated 25.06.2018. The said legal notice was received by the respondents. However, they did not take any steps to cancel the said documents. Thus, the petitioner is constrained to move the contempt petition.

6. This Court provided several opportunities to the first respondent and the first respondent also had given repeated undertaking before this Court even in writing that he will cancel the Sale deeds. The first respondent used to be present before this Court on several occasions and made submissions that he will execute the cancellation deed immediately. Believing the words of the first respondent and based on the undertaking given by him, this Court granted several opportunities. The details of dates and events and the hearing dates and opportunities provided to the first respondent are extracted hereunder:

7. On 18.11.2021 also, this Court passed orders, which reads as under:

“The first respondent, Mr. D.Nagaraj has filed an affidavit of undertaking on 07.02.2020. In the said affidavit of undertaking, the first respondent undertook to cancel the four documents dated 02.07.2018, 02.07.2018, 20.12.2018 and 20.12.2018. The undertaking was recorded by this Court and time was granted enabling the first respondent to comply with the said undertaking.

2. The contempt petition