Advocates:
['M/S P SUBBA REDDY', '', 'K APARNA DEVI', 'M/S M S SAMPATH', '', 'N K VANAN', 'M/S SHAH AND SHAH']

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2014

Coram:

THE HONOURABLE MR.JUSTICE S.RAJESWARAN

Cont.P.Nos.333 of 2013 and

Sub.A.No.79 of 2013

S.Hemalatha

..

Petitioner

vs.

1.P.Murali Vittal

2.Mr.P.Mahaveer Chand,

S/o.Sri Parasmal,

Contractor/Sponsoror,

Commotard Private Limited,

19 Robinson Park Colony,

Old Washermenpet, Chennai – 21.

3.Mr.P.Mahaveer Chand,

Director,

M/s.Sponcer Commotrade Private Limited,

No.34, Ganesh Chandra Avenue,

Kolkatta – 700 013.

..

Respondents

(R3 impleaded as per order dated 07.10.2013

in Sub.A.No.597/2013)

Prayer:

Contempt Petition filed praying this Court to punish

the respondents for not obeying the directions given in

O.A.875/2006 in C.S.No.318/2002 dated 15.11.2006.

Sub.A.No.79 of 2013 has been filed to declare the sale

deed dated 25.06.2012 executed by first respondent in

favour of the 2^nd respondent and registered as Document

No.744 of 2012 at SRO, Sowcarpet as null and void and the

same may be communicated, such cancellation of sale deed to

the Sub Registrar Office, Sowcarpet.

For Petitioner :

Mr.T.V.Ramanujam

Senior Counsel for Mr.P.Subba

Reddy

For Respondents

R1

:

Mr.A.R.L.Sunderasan

Senior

Counsel

for

Mr.M.S.Sampath

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and Mr.K.Vanan

R2 & R3

:

Mr.S.Parthasarathy

Senior Counsel for M/s.Shah &

Shah

O R D E R

This petition has been filed to punish the respondents

for not obeying the direction given by this Court in

O.A.No.875/2006 in C.S.No.318/2002, in the order dated

15.11.2006. An affidavit has been filed in support of the

contempt petition by the petitioner who is the 7^th defendant

in C.S.No.318/2002, which was transferred to the 15^th

Assistant City Civil Court and re-numbered as

O.S.No.12098/2010.

2.In the affidavit, it is stated that the suit was

filed by Tmt.Yamuna Mohan for partition of 1/5th share in

the suit schedule property. The petitioner's husband is

having 1/5th share in the suit property.

3.On 15.11.2006, this Court passed an order directing

the party to maintain status quo from 15.11.2006 till

28.11.2006 in A.No.875/2006 filed by the above said

Tmt.Yamuna Mohan praying for an order of interim injunction

restraining the defendants 1 to 3 in the suit from in any

manner dealing with, parting with, alienating or

encumbering the property described in the schedule.

4.According to the petitioner, the first respondent

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who is the second defendant in the suit should not sell the

property to third parties as it is a common property and

without dividing the same by metes and bounds, the property

cannot be sold to anyone. The interim order which has been

granted initially till 28.11.2006 has been extended from

time to time and the same is still in force. However, in

spite of the same, the first respondent/2nd defendant sold

his 1/5th undivided share on 25.06.2012 in violation of the

orders of this Court and the sale has been registered as

Doc.No.744/2012 on the file of the SRO, Sowcarpet. The

specific case of the petitioner is that on the date of the

disposal of the property on 25.06.2012, there is an order

of status quo against the parties to the suit proceedings

and in violation of the order, the first respondent/the

second defendant sold the property to and in favour of the

second respondent. Hence, the sale deed becomes null and

void and the respondents are also to be punished for

contempt of court.

5.The first respondent/second defendant entered

appearance through counsel and filed a counter affidavit.

In the counter affidavit which has been filed by the said

respondent/defendant, it has been stated that to the best

of his knowledge, no notice was received by him in

A.No.875/2006 and he entered appearance in the suit on

21.04.2008 only. It is further stated that all the parties

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