The judgment establishes the liability for civil contempt arising from willful disobedience to court orders, emphasizing the responsibility of officials to uphold judicial mandates.

ORDER :

M. JOTHIRAMAN, J.

Cont.P.No.1723 of 2025 has been filed by the Decree holder against the Judgment Debtor to punish for wilfully disobeying the prohibitory order dated 21.11.2023 made in E.P.No.1781 of 2022 in O.S.No.4194 of 2019 on the file of the 9^th Assistant City Civil Court, Chennai [hereinafter referred as “Court below”]. Cont.P.No.1724 of 2025 has been filed against one Tr.Govindaraj, Sub Registrar of Virugambakkam, Chennai and Mrs.Preetha, Sub Registrar (In charge), Virugambakkam, Chennai to punish the respondents from wilfully disobeying the communication order dated 26.09.2024 made in E.P.No.1781 of 2022 in O.S.No.4194 of 2019 on the file of the 9^th Assistant City Civil Court, Chennai.

2. Brief facts of the petitioner / decree holder is follows :

2.1. The petitioner is the Power Agent of the plaintiff one D. Chandraekaran, who is the son of the petitioner. The petitioner has filed a Suit in O.S.No.4194 of 2019 on the file of the 9^th Assistant City Civil Court, Chennai for recovery of a sum of Rs.25,30,000/- from the contemnor / Mrs.J.Flora. The above said Suit was decreed on 25.11.2019. Thereafter, the petitioner had filed an execution petition in E.P.No.1781 of 2022, in which the Judgment Debtor entered appearance through her counsel, however, she was set exparte as she did not file counter in the execution petition and vide order dated 01.08.2023, the Court below ordered attachment of the property i.e., residential premises of the Judgment Debtor. Consequent to the attachment order dated 01.08.2023, a prohibitory order dated 21.11.2023 was passed restraining the Judgment Debtor to deal with the property. The aforesaid order dated 21.11.2023 was affixed on the door of the attachment property on 27.11.2023 and the Court bailiff served a copy of the attachment property to the office of the Sub Registrar concerned. The concerned Bailiff has also filed a report before the Court below. In such circumstances, the Judgment Debtor filed E.A.Nos.1 and 2 of 2024 to set aside the exparte order and the same is pending. Therefore, the Judgment Debtor having participated in the execution proceedings, is aware of the entire execution proceedings and the orders passed thereon. Though the attachment order dated 01.08.2023 was served on the Sub-Registrar, Virugambakkam, deliberately the office of the Sub-Registrar, Virugambakkam did not reflect the order of attachment in the Encumbrance Certificate.

2.2. The petitioner also made attempts to enter and reflect the attachment into the encumbrance certificate, whereas the Sub Registrar, Virugambakkam had issued a letter dated 29.12.2023 to the petitioner stating that there is no specific order from the Court to reflect the order of attachment in the encumbrance certificate. In such circumstances, a memo dated 03.08.2024 was filed before the Court below stating that the Sub- Registrar, Virugambakkam is refusing to reflect the attachment order in the encumbrance certificate. Thereafter, the Court below passed an order dated 30.08.2024 directing the Bailiff to go to the office of the Sub Registrar again to reflect the order of attachment in the encumbrance certificate.

2.3. In pursuant to the aforesaid order, a communication order was passed on 26.09.2024 and the Court bailiff served the aforesaid order on 27.09.2024, directing to reflect the order of attachment dated 01.08.2023 in the encumbrance certificate and the same was received on 27.09.2024 by the In-charge of the Sub-Registrar concerned. However, the Sub-Registrar concerned deliberately did not reflect the attachment order in the encumbrance certificate inspite of the specific direction dated 30.08.2024. Takin