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LAXMI NARAYANA ALISHETTY
Mohammed Nayeem, S/o. Mohd. Mahboob – Appellant
Versus
Naveditha Manvikar, W/o. Atul Manvikar – Respondent
ORDER :
Laxmi Narayana Alishetty, J.
This contempt case has been filed alleging that order of the Court dated 23.11.2017 in CCCA MP No.722 of 2017 in CCCA No.253 of 2017 is violated by the respondent.
2. The operative portion of the order dated 23.11.2017 reads as under :
Having regard to the facts and circumstances of the case, the respondent is directed not to alienate the suit schedule property pending disposal of the appeal.”
3. Heard Sri B. Rajeshwar Rao, learned counsel for petitioner and Sri T.S. Praveen Kumar learned counsel for respondent.
4. According to the learned counsel for the petitioner, in violation of the directions of the Court, the respondent in trying to alienate the subject property along with the neighbour’s shop by showing the same to the third parties; that when the petitioner resisted the illegal action of the respondent and also brought to the notice of the respondent and
Contempt proceedings necessitate clear evidence of willful disobedience of court orders; mere allegations are insufficient.
The judgment emphasized the importance of wilful disobedience and sincere apologies in contempt cases, highlighting the need for genuine remorse and contrition.
The significance of respecting undertakings given to the court and the consequences of persistent breach of consent decrees in property disputes.
The court emphasized that contempt proceedings should only be initiated when there is a clear case of wilful disobedience of a court's order and that the respondents followed due process to extend cr....
Contempt - Appellant can be exonerated for contempt of court giving benefit of doubt as he tendered unconditional apologies sincerely for the delay in implementation of the order of the court with al....
The Court held that mere non-compliance with interim orders does not constitute contempt unless it is demonstrated that such disobedience was wilful and deliberate.
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