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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2019

CORAM

THE HONOURABLE Mr. JUSTICE M.SATHYANARAYANAN

Contempt Petition No.1139 of 2018

1.M.Vijayalakshmi

2.M.Sivakumar

3.M.Sundaravadivelu

4.M.Kalaiselvi

.. Petitioners

vs.

B.P.Prasad

.. Respondent

Prayer: Contempt petition filed under Section 11 of the

Contempt of Courts Act, 1971 to punish the respondent for

willful disobedience of the order dated 21.04.2017 in

C.M.P.No.6799 of 2017 in S.A.No.284 of 2017.

For Petitioners : Mr.R.Subramanian

For Respondent : Dr.R.Gowri

O R D E R

The petitioner, alleging non-compliance of the interim

order dated 21.04.2017 in CMP.No.6799 of 2017 in SA.No.284

of 2017 came forward to file this petition for contempt.

Since there was factual dispute, Advocate Commissioner was

appointed and the Advocate Commissioner has filed his

report for which, objections have been filed by the learned

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counsel appearing on behalf of the respondent/contemnor.

It is relavent to extract paragraph nos. 7 and 8:

“7. The suit itself has been filed

for recovery of vacant possession of B

schedule

property

and

permanent

injunction restraining the defendants

from interfering with the plaintiff's

peaceful possession and enjoyment of the

C shedule property. In strict and due

compliance with the order dated

21.05.2017 passed by this Hon'ble Court

wherein clause 3 of the Decree passed by

the lower Appellate Court directing the

petitioner/appellant herein to deliver

the vacant possession of the suit B

schedule has been stayed, this respondent

has never entered into B schedule propety

nor in any manner made any attempt to

interfere or entered into the B schedule

property.

The B schedule property

remains the same position as on the date

of filing the original suit till date.

8. This respondent emphatically

submits to reiterate his categorical

submissions that eversince from the date

of filing the suit till date, this

respondent has not and never entered over

the B schedule propety. It is submitted

that at any point of point the B schedule

property

has

never

been

trespassed/entered/inferred

by

this

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respondent as alleged. This respondent

reiterates and respectfully submits that

in strict and due compliance with the

order dated 21.05.2017 passed by this

Hon'ble Court, this respondent has never

entered into B schedule property nor in

any manner made any attempt to interfere

or entered into the B schedule of

property”

2. In the light of the stand taken by the

respondent/contemnor, in paragraph nos. 7 and 8 of the

objections dated 16.12.2018, no further orders are

necessary. Accordingly, the Contempt Petition is closed.

SD/-

ASSISTANT REGISTRAR(COMM.CASES)

mbi/kst

//Certified to be true copy//

Dated at Madras this the day of 2019.

COURT OFFICER(O.S.)

from 25^th day of September 2008 the Registry is issuing

Certified copies of the Orders/Judgments/Decrees in this

format.

Sd/20/05/2019

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