W.PONNUTHAI Vs. PONRUBY MERCY

JUDGEMENT

(1.) The petitioner in the contempt petition is the plaintiff in the suit in O.S.No.12 of 2017 on the file of the Additional District Munsif Court, Nanguneri. The suit was filed for declaration of title in respect of the suit house and consequential prayer for recovery of possession. The suit was decreed by the trial Court and the same was confirmed in appeal in A.S.No.39 of 2011 on the file of the Sub Court, Valliyoor.

(2.) The respondent filed a second appeal in S.A(MD)No.90 of 2018. After finding that no question of law is involved in the second appeal and the second appeal has no merits, this Court also dismissed the second appeal. Further, at the time of dismissing the appeal, the learned counsel appearing for the respondent herein, who is the defendant in the suit prayed for time to vacate the suit property and to hand over the vacant possession to the petitioner, who is the plaintiff in the suit. This Court granted time on the basis of consent given by the petitioner/plaintiff. The respondent filed an affidavit of undertaking. Based on the affidavit of undertaking to hand over the possession, one year time was granted from 01.04.2018. This Court made it clear that the respondent/appellant shall handed over the possession of the property to the petitioner in the contempt petition on or before 31.03.2019.

(3.) Having regard to the conduct of the respondent, this Court has also observed as follows: