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2023 Supreme(Online)(MAD) 17649

HIGH COURT OF MADRAS
Hon`ble Ms. Justice P.T. ASHA
Mohammed Iqbal Sait and 2 ot – Appellant
Versus
Abdul Kareem – Respondent


ORDER

The above contempt petition has been filed alleging that the respondent/ contemnor had violated the interim order of injunction granted by this Court on 22.07.2022 in C.M.P.No.11683 of 2022 in S.A.No.588 of 2022. This Court had ordered statutory notice to the contemnor who is appearing before this Court.

2. Considering the fact that the entire issue revolved around the factum of encroachment of 30 feet road, this Court had appointed an Advocate Commissioner to demarcate the B - Schedule property and file a report thereon. The Advocate Commissioner, M/s.S.Sahana Banu has also filed her report along with the survey sketch, photographs, etc., on 01.08.2023. The learned counsel for the petitioner has also filed the entire pleadings and exhibits in O.S.No.104 of 2008 on the file of the District Munsif at Chengalpattu which is the genesis for this proceedings.

3.Before discussing the issue, it is necessary to touch upon the facts which has culminated in filing of this petition.

4. The petitioner herein had filed O.S.No.104 of 2008 on the file of the District Munsif at Chengalpattu seeking for a declaration that the petitioner herein is entitled to enjoy the frontage right at every poi

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