LAKSHMANAN Vs. S KASTHURI SUMATHI

JUDGEMENT

(1.) This Contempt Petition has been filed under Sections 11 & 12 of Contempt of Court Act, 1971, seeking an order to punish the Respondents for wilful disobedience of the order passed by this Court, dated 28.04.2011, in M.P. No. 1 of 2011 in CRP (NPD) S.R. No. 38111 of 2011. The Petitioners have submitted that the Respondents herein, who were the Petitioners in CRP (NPD) S.R. No. 38111 of 2011 have committed wilful disobedience of the order, dated 28.04.2011 passed by this Court in M.P. No. 1 of 2011, in the aforesaid unnumbered Civil Revision Petition filed by them and violated their undertaking given by way of filing undertaking affidavit before this Court.

(2.) It is an admitted fact that the Suit in O.S. No. 1043 of 1988 on the file of the District Munsif Court, Poonamallee had been filed seeking declaration of title of the schedule mentioned property therein and for recovery of possession of the same and the suit was decreed on 27.04.2005. The first Contemnor, Kasthuri Sumathi was arrayed as Fifth Defendant in the Suit and the Second Contemnor, Adhikari Shanthamma was figured as 14th defendant. Aggrieved by the Judgment and Decree, Appeal was preferred in A.S. No. 67 of 2009 on the file of the Sub-Court, Poonamallee. The aforesaid Appeal was preferred by the Contemnors 1 & 2 and three others. Confirming the Judgment and Decree rendered by the Trial Court, the said First Appeal in A.S. No. 67 of 2009 was dismissed on 11.03.2010. Pursuant to the Judgment and Decree, that was confirmed by the Appellate Court, the decree-holder filed Execution Petition in E.P. No. 102 of 2005 for implementation of the decree for delivery of possession of the property. At this stage, Execution Application in E.A. No. 28 of 2007 was filed in the Execution Petition in E.P. No. 102 of 2005, under Section 47, C.P.C., questioning the execution of the decree passed in the Suit in O.S. No. 1043 of 1988 and the said Execution Application filed under Section 47, C.P.C. was dismissed on 16.02.2008.

(3.) The Second Appeal in S.A. No. 510 of 2010 was filed by the judgment-debtors against the concurrent findings of the Courts below made in the Suit in O.S. No. 1043 of 1988 and Appeal in A.S. No. 67 of 2009. The Second Appeal preferred by the Respondents herein was dismissed by this Court on 29.06.2010 on merits. However, a Miscellaneous Petition in M.P. No. 1 of 2011 in C.R.P. (NPD) SR. No. 38111 of 2011 was filed as against the order passed in E.A. No. 28 of 2007 with the delay of 903 days in preferring the Civil Revision Petition and Stay Petition was also filed against the Execution Proceeding. The Petition seeking an order to condone the delay of 903 days was also dismissed on merits, after hearing both sides. The Contemnors/ Respondents herein, then filed an undertaking Affidavit, whereby agreed voluntarily to deliver the vacant possession of the suit property in their occupation, without any obstruction, in the event of the Special Leave Petitions preferred by them being dismissed by the Hon'ble Apex Court. Admittedly, no stay was granted by the Hon'ble Apex Court in favour of the Contemnors/Respondents.