W S SEETHARAM Vs. V K JOHN

JUDGEMENT

(1.) THESE two contempt petitions have been filed alleging willful disobedience and violation of the order of this court dated 22.07.1996 made in A.No,293 of 1995 in C.S.No,4231/1995 by Appu John, the first defendant in the above suit, shown to be the first contemnor in both the contempt petitions. Mansoor Ali Khan is alleged to have abetted the act of contempt of the above said first contemnor and hence he has been arrayed as the second contemnor. Yet another person by name R.Premanayagam is also alleged to have abetted the act of contempt committed by the first contemnor Appu John. He is sworn as the third contemnor in contempt petition No,757 of 2007 alone.

(2.) CONTEMPT Petition No,474 of 2007 has been filed by V.K.John, the plaintiff in the above said suit. As the first defendant Appu John and Mansoor Ali Khan alone were made parties respondents/contemnors 1 and 2 in contempt petition Nos.474 of 2007 and yet another alleged contemnor by name Premanayagam was left out, the petitioner in the said contempt petition (plaintiff in the suit) has come forward with sub application No,96 of 2008 to implead the said Premanayagam as the third respondent/third contemnor in the said contempt petition. He has also filed another application, namely sub application No.140 of 2007 to order the removal of encroachment allegedly made by Mansoor Ali Khan (second contemnor).

(3.) V.K. John, the petitioner in contempt petition No,474 of 2007 (first respondent in contempt petition No,757 of 2007), had filed the above said suit C.S.No,423 of 1995 for partition against 1) Appu John (first defendant/first contemnor) and 2) Mrs.Leelie Seetharam (second defendant in the suit). The plaintiff had also filed O.A.No,293 of 1995 in the said suit seeking an order of interim injunction restraining the defendants therein from in any way alienating, altering or demolishing the suit properties. This court, initially granted an ad-interim injunction for 12 weeks by an order dated 25.04.1996. The said order was later on made absolute till the disposal of the suit by order dated 22.07.1996.