ROBINSON Vs. G DEVAKADASHAM

JUDGEMENT

(1.) THIS Contempt Petition has been filed by the Applicant / plaintiff in O. S. No. 165 of 2003 to punish the Respondent for the Contempt of court committed by him to the order dated 15. 12. 2004 in C. R. P (MD) (PD) No. 271 of 2004.

(2.) FOR appreciating the contentious points urged, we need to trace the history of the case, which led to several rounds of litigation even during pendency of the Suit in O. S. No. 165 of 2003, pending on the file of principal District Munsif, Nagercoil.

(3.) C. R. P. (P. D) (MD) No. 271 of 2004:- This Civil Revision Petition has been filed by kanyakumari Diocese, C. S. I. Church represented by its Bishop for a direction to the Principal District Judge at Nagercoil to dispose of C. M. A. No. 29 of 2003 at an early date and also to direct the Principal District Munsif, Nagercoil to dispose of the Suit in O. S. No. 165 of 2003 as early as possible. Upon consideration of the submissions of both parties, this Court has found that the order of this Court in C. R. P. No. 1071 of 2003 will hold good. In this Revision petition, the Court has passed the following order:- ". . . Having regard to the above contentions of the learned counsel appearing on either side, this Court is of the considered view that the order of this Court referred supra will hold good and therefore the revision Petitioner / Defendant has to administer both religious Churches and educational Institutions by maintaining the status quo which prevailed prior to the institution of the suit. In other words, the Revision Petitioner has to administer the Institutions dehors the Council elected subsequent to the date of filing of the Suit till the Trial Court dispose of the Suit on merits. . . . " C. M. A. No. 29 of 2003, pending on the file of Principal district Judge, Kanyakumari was ordered to be closed in view of the directions given by Principal District Munsif, Nagercoil to dispose of the Suit in o. S. No. 165 of 2003 within a period of three months from the date of receipt of copy of this order.