LAWS(MAD)-2005-8-156

JAMALS Vs. P SYAMALA PROPRIETRIX PRAJWAL ASSOCIATES

Decided On August 23, 2005
JAMALS Appellant
V/S
P.SYAMALA Respondents

JUDGEMENT

(1.) P. Syamala, the Proprietrix of Prajwal Associates and P. Bhaskara Reddy filed a suit against the defendants 1 to 6 for specific performance or in the alternative, for return of the advance amount for the oral sale. Pending the suit, they filed an application for attachment of the suit property before judgment. The same was ordered. Despite that, the respondents/defendants sold the property to others and executed sale deeds which were presented in the Sub Registrar's office for registration. This is the subject matter of contempt in the contempt application filed by Syamala and bhaskara Reddy, the plaintiffs, the applicants in the Contempt Application No. 319 of 2004.

(2.) JUSTICE A. K. Rajan, the learned single judge, ultimately after enquiry held the contemners 1 to 6, 7, 8 and 24 guilty of the offence under Section 12 of the Contempt of courts act and sentenced them to undergo six months imprisonment and imposed a fine of rs. 2,000/- on each of the contemners. The contemners 7, 8 and 24 have filed appeal in contempt Appeal No. 15 of 2004 and the contermners 1 to 6 have also filed separate appeal in Contempt Appeal No. 16 of 2004 challenging this order before this Division bench.

(3.) THE relevant facts that are required for the disposal of these appeals are as follows :