RAMASAMY (PURCHASER) Vs. VENKATACHALAPATHI (DECREE HOLDER) & ANR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the Judgment and order dated 09.11.2016 passed by the High Court of Judicature at Madras in CRP (NPD) No. 3727 of 2015, in and by which, the learned Single Judge affirmed the order of the Executing Court, finding the appellant guilty of Contempt of Court for the wilful disobedience of the order of injunction dated 09.12.2004 passed in the suit for specific performance, being OS No. 162 of 2004 filed by the first respondent.

(3.) The second respondent, Deivathal, had entered into an Agreement to Sell dated 08.06.2004 in favour of the first respondent. The first respondent filed the suit for specific performance, being OS No. 162 of 2004 and in the said suit, interim injunction was granted on 09.12.2004 restraining the second respondent - Deivathal not to alienate the suit property. The said suit for specific performance was decreed on 24.08.2006. Even when the said suit for specific performance was pending, it is alleged that in violation of the interim injunction dated 09.12.2004, the second respondent - Deivathal had executed the sale deed dated 17.06.2005 in favour of the appellant who is none other than the father-inlaw of the second respondent. After the suit for specific performance was decreed, the first respondent has also got the sale deed dated 07.12.2006 executed through the process of the Court. The appellant herein filed the suit for injunction, being OS No. 29 of 2007, which came to be dismissed. The first respondent also filed another suit, being OS No. 61 of 2010 to declare the sale deed dated 17.05.2005 in favour of the appellant as null and void and the said suit, being OS No. 61 of 2010 was also decreed. The first appeal preferred by the appellant also came to be dismissed on 24.02.2017. It is stated that the second appeal is pending before the High Court.