ORDER

R. SUBBIAH, J The petitioner has come forward with this contempt petition complaining non-compliance of the order dated 31.08.2015 made in I.A. No. 9372 of 2015 in O.S. No. 3757 of 2015 on the file of VI Assistant Judge, City Civil Court, Chennai.

2. According to the petitioner, he is the owner of the property bearing Old No.7, New No.11, Samy Reddy Street, Egmore, Chennai – 600 008 and also the property at New No.13, Samy Reddy Street, Egmore, Chennai – 600 008. It is further stated that these two properties have been allotted to the petitioner in a partition that took place among his family members as per the partition deed dated 07.10.2008 registered as document No. 2155 of 2008 on the file of Sub-Registrar, Periamet on 10.10.2008. Thus, according to the petitioner, he is the absolute owner of the aforesaid properties and he is in possession and enjoyment of the same as a lawful owner.

3. While facts are so, the petitioner came to know that the first respondent herein has allegedly purchased the property in question by means of a registered sale deed dated 27.12.2013 registered as document No. 2940 of 2013 on the file of Sub-Registrar, Periamet, alleged to have been executed by the petitioner through his power agent Mr. Adhimoolam, who was appointed as per the power of attorney deed dated 23.10.2009 registered as document No. 516 of 2009 on the file of Sub- Registrar, Sowcarpet. According to the petitioner, he never executed any such power of attorney deed dated 23.10.2009 in favour of any one, much less Mr. Adhimoolam. The petitioner also came to know that based on such forged and fabricated power of attorney deed dated 23.10.2009, the said Adhimoolam, as power of attorney agent, had sold the property owned by him to the first respondent by means of the registered sale deed dated 27.12.2013. On coming to know about the fraudulent transaction, petitioner has given a complaint dated 18.04.2014 to the Inspector of Police, Central Crime Branch, Chennai and during the course of enquiry, the signature and/or thumb impression contained in the power of attorney deed dated 23.10.2009 were sent for Forensic Science Department and as per the report submitted by the Forensic Science Department, the thumb impression contained in Power of attorney deed dated 23.10.2009 is not that of the petitioner. The first respondent, with full knowledge that the power of attorney has been forged, has purchased the property for a sale consideration of Rs.2.20 crores and thereby the petitioner has been deprived of his valuable property.

4. At this juncture, the first respondent has filed O.S.

No. 3757 of 2015 on the file of VI Assistant Judge, City Civil Court, Chennai praying for a Declaration to declare that there is no privity of contract between the plaintiff and defendants in respect of the execution of the sale deed dated 27.12.2013 in respect of the property bearing New Nos. 11 & 13, Old Nos. 7 & 8, Samy Reddy Street, Egmore, Chennai – 600 008 and for a consequential permanent injunction restraining the defendants from in any manner obstructing the demolition of the superstructure in the property in accordance with the planning permission granted by the competent authority. Pending suit, the first respondent has also filed I.A. Nos. 9371 of 2015 for interim injunction restraining the defendants not to interfere with his possession. The first respondent also filed I.A. No. 9372 of 2015 for interim injunction restraining the defendants in the suit from interfering with the demolition of the building in any manner. By order dated 31.08.2015, the learned VI Assistant Judge, City Civil Court, Chennai allowed I.A. No. 9371 of 2015 restraining the defendants from interfering with his peaceful possession and enjoyment of the suit property but I.A. No. 9372 of 2015 was dismissed, at the same time, the Court directed the first respondent/plaintiff not to demolish the old building in the suit property by changing the physical features in the suit prope