D NICHOLAS Vs. NAZZIMUDDIN I A S

JUDGEMENT

(1.) THE above contempt petition has been filed praying that this Court may be pleased to punish the respondents 1 to 3 for having committed contempt of Court by wilfully disobeying the order of this Court, dated 6.6.2006, made in W.P.No.17072 of 2006.

(2.) IT is stated by the petitioner that he is the owner of the premises bearing old Door No.10/1, New Door No.36, Yemi Street, Purasawalkam, Chennai. The third respondent is the owner of the premises bearing old Door No.11 in the said street. Since the third respondent had attempted to put up a construction unauthorisedly, the petitioner was constrained to file a suit in O.S.No.6361 of 2002, on the file of the I Assistant Judge, City Civil Court, Chennai, for a declaration declaring the easementary right of the petitioner.

(3.) THE learned counsel appearing for the first respondent had submitted that the first respondent had received the representation of the petitioner, dated 20.5.2006, only on 27.6.2006 and the final order had been passed, on 18.8.2006 by the first respondent after inspecting the property, on 3.8.2006. Thus, the first respondent had complied with the direction issued by this Court by its order, dated 6.6.2006.