Failure to comply with a court order due to a subsequent supervening legal impossibility, such as the quashing of the underlying statutory provision, does not constitute willful disobedience for the purposes of contempt proceedings.

ORDER

Learned counsel for the petitioner submitted that the petitioner purchased the property bearing Plot No.T-204 measuring 880 Sq. ft., comprised in Survey No.257/1 Part, situated at Vallalar Street, Kodambakkam Village from one Mr.Samsudeen by way of a registered Sale Deed vide Document No.2287 of 1985, dated 22.07.1985 on the file of the Sub Registrar Office, Kodambakkam and has been in possession and enjoyment of the same ever since. While so, when the petitioner’s husband along with an Engineer visited the property for measurement and further construction, they came to know that the petitioner’s vendor had subsequently executed a mortgage deed in favour of the 4^th respondent vide Document No.1406 of 2004. Alleging the said document to be forged, the petitioner lodged a complaint before the registration authorities seeking cancellation of the same.

2. Pursuant thereto, the Inspector General of Registration initiated proceedings dated 04.04.2008 to take appropriate action against the fraudulent person. Since the said proceedings were not concluded, the petitioner filed W.P.No.34863 of 2015 and this Court, by order dated 14.11.2022, directed the 1^st respondent to conclude the proceedings initiated on 04.04.2008. Alleging non-compliance of the said order, the present contempt petition has been filed.

3. Learned Special Government Pleader submitted that in view of Section

77-A of the Act, proceedings were initiated. Subsequently, the Hon’ble Division Bench of this Court quashed Section 77-A and therefore, the order of this Court could not be implemented in the manner sought for by the petitioner. He would further submit that there is no wilful disobedience on the part of the respondents.

4. Considering the submissions made on either side, this Court is of the view that no case of wilful disobedience is made out. Accordingly, the contempt petition is closed. However, liberty is granted to the petitioner to work out her remedy in the manner known to law.