No willful violation of a court order was found as the respondent's serious health condition affected compliance.

ORDER :

K. Lakshman, J.

Heard Sri B.Sudhakar Reddy, learned counsel for the petitioner and Sri Ch.Venkatraman, learned counsel appearing for respondent.

2. This Contempt Case is filed complaining willful and deliberate disobedience of the order dated 20.01.2020 in FCA No.151 of 2006 by the respondent herein.

3. Vide the aforesaid order, this Court disposed of the said writ petition directing the respondent herein not to alienate any of his movable and immovable properties as on the said day, during the pendency of the appeal.

4. Petitioner filed the present contempt case alleging that during the pendency of the said appeal and subsistence of the said interim order, respondent has alienated the land admeasuring Ac.1.00 guntas in situated at Palakonda Mandal, Mahabubnagar Urban Mandal and District, by way of executing a registered sale deed bearing document No.502 of 2023, dated 07.08.2023 in favour of Mr.Mohammed Abdul Basith. Therefore, respondent committed violation of the said order willfully and deliberately.

5. Respondent filed counter affidavit contending that his counsel did not inform the aforesaid order to him at any point of time till he got notice in the present contempt case. The petitioner herein has filed contempt case vide C.C.No.1374 of 2008 alleging willful and deliberate violation of the order dated 20.12.2006 in FCAMP No.330 of 2006. Vide common order dated 10.04.2024, this Court closed the contempt case and allowed the appeal in part. This Court directed him to pay an amount of Rs.30.00 Lakhs to the petitioner herein within two months from the date of receipt of a copy of the said order, failing which, liberty was granted to the petitioner herein to take steps in accordance with law. However, the common order passed by the learned Family Court granting decree of divorce dissolving the marriage dated 09.05.1999 between the parties is confirmed. Therefore, the order under contempt dated 20.01.2020 in FCA No.151 of 2006 is merged with the impugned order.

6. It is further contended that from 2019 onwards, he has been suffering from chronic ailments. He suffered with paralysis. He is not in a position to move his limbs and he is on bed. His health got deteriorated. He needs constant treatment which is expensive. Therefore, he has no means except to sell the subject property to third parties in order to pay his medical bills and also for health necessities. Therefore, there is no willful and deliberate violation of the said order.

7. The petitioner filed reply to the counter filed by respondent contending that the order dated 20.01.2020 in FCA No.151 of 2006 is not merged in the final order dated 10.04.2024. During the subsistence of the order dated 20.01.2020 in FCA No.151 of 2006, respondent executed the aforesaid sale deed which is in violation of the said order. Thus, he has violated the order under contempt willfully and deliberately. The ‘doctrine of merger’ does not apply against the order dated 04.12.2020 in I.A.No.1 of 2020 in FCA No.151 of 2006 passed by this Court. Respondent filed SLP and vide order dated 05.01.2021, the said SLP was dismissed granting six (6) weeks time to the respondent for making payment to the petitioner herein in terms of the s