V UMA Vs. V BALAJI

JUDGEMENT

(1.) The Petitioner seeks initiation of proceedings for contempt against the Respondent for his wilful disobedience of the order passed by the learned District Munsif, Ambattur dated 25 August, 2009 in I.A. No. 919 of 2009 in O.S. No. 296 of 2009.

(2.) The Petitioner is stated to be the absolute owner of the residential building and the property in Survey No. 23/2 at Oragadam Village, Ambattur Taluk. The Respondent encroached upon a portion of the said property. However, without removing the encroachment, the Respondent filed a suit in O.S. No. 275 of 2009 before the learned District Munsif, Ambattur alleging that the Petitioner has interfered with his peaceful possession and enjoyment of the property.

(3.) Since the Respondent had encroached an extent of 48 sq.ft., the Petitioner has decided to put up a compound wall to her property so as to prevent further acts of encroachment. However, she was prevented from putting up the compound wall and as such, she was constrained to file a suit for mandatory injunction in O.S. No. 296 of 2009 before the learned District Munsif, Ambattur. The Petitioner filed an interlocutory application in I.A. No. 919 of 2009 in the said suit to restrain the Respondent or anybody claiming under him from interfering with her peaceful possession and enjoyment of the property. She also filed an application in I.A. No. 920 of 2009 for appointment of an Advocate Commissioner to note down the physical features of the suit property with the help of Taluk Surveyor.