CHERUKUMALLI SANKARA RAO Vs. KOTERU VEERAMMA

JUDGEMENT

(1.) Order, dated 25-09-2012, in Memo in G.L.No.2235/2012 in E.P.No.3 of 2011 in OS.No.1/2009, on the file of the Court of the learned Senior Civil Judge, Nandigama, is the subject matter of this Writ Petition.

(2.) By the aforesaid Order, the learned Senior Civil Judge opined that the memo filed by the petitioners for transfer of OS.No.1 of 2009 to any other Court is an act of contempt. The learned Senior Civil Judge, while dismissing the said memo with costs of Rs.7,000/-, directed arrest of the petitioner No.1 in the event of his failure to pay costs besides issuing contempt notice to the petitioners. In the Writ Petition, the petitioners averred that the learned Senior Civil Judge has no power to initiate contempt proceedings.

(3.) Upon considering the facts noted by the learned Senior Civil Judge in the impugned order, this Court prima facie felt that petitioner No.1 was not fair in conducting himself as defendant in the suit as he did not co-operate in disposal of the Execution Proceedings. This Court also prima facie felt that petitioner No.2 ought not to have filed the memo on behalf of petitioner No.1 by attributing bias to the Court. Therefore, in order to give an opportunity to the petitioners to take corrective steps, this Court has adjourned the case by suggesting to the petitioners to tender unconditional apologies to the learned Senior Civil Judge, Nandigama.