IN RE Vs. SAROJA

JUDGEMENT

(1.) The Second Appeal has been filed challenging the Judgment and Decree of the Sub-Court, Ponneri in A.S.No.9 of 2008, dated 15.12.2008 reversing the Judgment and Decree of the District Munsif Court, Ponneri in O.S. No.307 of 2000, dated 20.11.2007.

(2.) When the matter was listed before this Court on 10.6.2016 under the caption "Notice of Motion", the learned Counsel for the Respondent submitted that filing of the above Second Appeal is abuse of process of this Court as the very same Appellants (Contemnors) have also filed another Second Appeal arising out of the very same Judgment and Decree of the Lower Appellate Court, in S.A.S.R. No. 17855 of 2013 with a delay of 997 days and that an Application seeking to condone such delay came to be dismissed on 4.3.2014, after hearing both sides. He further contended that even after the dismissal of the said Application, the Appellants have proceeded to pursue the present Second Appeal with different set of copies of the Judgment and Decree of the Courts below, in suppression of the earlier Order, dated 4.3.2014 passed by this Court.

(3.) Considering the above said submission and on being satisfied that the present Second Appeal though filed earlier, has been pursued even after the disposal of the other proceedings arising out of the very same Judgment and Decree of the Lower Appellate Court this Court initiated this suo motu Contempt proceedings and issued Notice to the Appellants. On receipt of Notice, the Second and Third Contemnors appeared before this Court in person.