Contempt Petition Nos. 757 and 474 of 2007 and Sub. A. Nos. 96 of 2008 and 140 of 2007. Case: 1. W.S. Seetharam, 2. V.K. John Vs 1. V.K. John, Mansoor Ali Khan and R. Premanayagam, 2. Appu John and Mansoor Ali Khan. High Court of Madras (India)
| Case Number | Contempt Petition Nos. 757 and 474 of 2007 and Sub. A. Nos. 96 of 2008 and 140 of 2007 |
| Counsel | For the Appellant: W.S. Seetharam, Party-in-person in Cont., King and Patridge, Advs. and For the Respondents: King and Patridge, Advs., A.R. Nixon, Adv., T.S. Sivagnanam, Adv. |
| Judges | P.R. Shivakumar, J. |
| Issue | Civil Procedure Code (CPC) - Section 151 |
| Judgement Date | January 19, 2009 |
| Court | High Court of Madras (India) |
Order:
P.R. Shivakumar, J.
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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.
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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).
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Contempt Petition No. 757 of 2007 has been filed by W.S. Seetharam, the third defendant in the suit. The plaintiff in the suit has been arrayed as the first respondent in the said contempt petition. The first defendant Appu John and the alleged abettors Mansoor Ali Khan and Premanayagam have been arrayed as contemnors 1 to 3 respectively (respondents 2 to 4 in contempt petition No. 757 of 2007).
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All the parties in contempt petition No. 474 of 2007 are also parties to contempt petition No. 757 of 2007. In addition, two more persons, namely W.S.Seetharam (third defendant) and Premanayagam (third contemnor) also appear as parties in contempt petition No. 757 of 2007. The said petition is more comprehensive than the other contempt petition and hence it shall be convenient to refer the parties, especially the contemnors, in the order found in contempt petition No. 757 of 2007.
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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.
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While so, the first contemnor Appu John, in violation of the above said order of injunction, entered into an agreement with one S.P. Goenka to sell as well as mortgage the suit properties to the said Goenka. Hence, at the instance of the plaintiff he was proceeded against for contempt in a former contempt petition, namely contempt petition No. 632 of 2003. The said S.P. Goenka was also arrayed as a co-contemnor. At the conclusion of enquiry, both of them were found guilty by an order of a learned single judge of this Court dated 25.02.2005. However, accepting the apology tendered and the undertaking given by the first contemnor herein/first defendant that the order of the court would not be violated in future, the court refrained from imposing any substantive punishment and imposed a cost of Rs. 5,000/- to be paid by each one of them. The above said order was unsuccessfully challenged before a Division Bench of this Court in contempt appeal No. 15/2005. The Division Bench passed an order in the said contempt appeal on 30.08.2005 upholding the order of the learned single judge dated 25.08.2005 and dismissing the contempt appeal. The above said Goenka had also given an undertaking not to stake any claim based on the agreement till the disposal of the suit.
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Meanwhile, Mansoor Ali Khan (second contemnor herein) filed a suit O.S. No. 1242 of 2007 in the City Civil Court...
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