Dismissed

Babu Joseph v. S.S.Saji

Kerala HC5 Oct 2016Con.Case(C)/1435/2016

Case brief

AI extract

What is this about?

In a contempt petition alleging non-compliance with judgments in W.P.(C) No.31677/2009 and W.A. No.205/2010, the High Court of Kerala dismissed the petition as no positive order was passed in favour of the complainant, noting the case was only barred by an injunction decree.

What did the court decide?

The contempt petition stands dismissed as there is no positive order passed in favour of the complainant.

Babu Joseph Vs S.S.Saji — Contempt of Court | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR & THE HONOURABLE MR. JUSTICE SATHISH NINAN

¶4

WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938

¶5

Con. Case(C).No.1435/2016(S)IN WA.205/2010 -----------------------------------------------(AGAINST THE JUDGMENT IN WA.205/2010 of HIGH COURT OF KERALA)

¶6

PETITIONER(S)/RESPONDENT:

¶7

BABU JOSEPH, AGED 57 YEARS, S/O.JOSEPH, PUTHANANGADY HOUSE, NEAR LIONS HOUSE, CHALAKUDY.

¶8

BY ADV.SRI.SREEPRAKASH K.NAIR

¶9

RESPONDENT(S)/RESPONDENTS 1 AND 2:

¶10

1. S.S.SAJI,(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), SECRETARY, CHALAKUDY MUNICIPALITY, CHALAKUDY-680307.

¶11

2. P.H. KURIAN, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), SECRETARY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM.

¶12

BY ADV.SRI.GEORGE BOBAN

¶13

R1 BY ADV.SRI.M.P.ASHOK KUMAR

¶14

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 05-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

Con. Case(C).No.1435/2016

¶16

APPENDIX

¶17

PETITIONER'S ANNEXURES:

¶18

A1: CERTIFIED COPY OF THE JUDGMENT DATED 4.1.2010 IN WPC. NO.31677/2009 PASSED BY THIS HON'BLKE COURT.

¶19

A2: CERTIFIED COPY OF THE JUDGMENT IN W.A. NO.205 OF 2010 DATED 20.11.2015 PASSED BY THIS HON'BLE COURT.

¶20

RESPONDENTS' ANNEXURES:NIL

KRJ

//TRUE COPY//

P.A TO JUDGE

MOHAN M.SHANTANAGOUDAR, C.J. & SATHISH NINAN, J

¶25

= = = = = = = = = = = = = = = = = = Cont. Case (C) No.1435 of 2016

¶26

= = = = = = = = = = = = = = = = = = Dated this the 5^th day of October, 2016

¶27

JUDGMENT

¶28

Mohan M.Shantanagoudar, C.J.

¶29

The complainant has come up before this Court with the allegation that the judgments passed in W.P(C) No.31677 of 2009 and in W.A. No.205 of 2010 are not complied with. Looking to the judgments in the aforementioned matters, we find that there is no positive order passed in favour of the complainant herein.

¶30

By judgment dated 4.1.2010, W.P(C) No.31677 of 2009 filed by the respondents herein, is dismissed. The said judgment is confirmed in W.A. No.205 of 2010. While disposing the writ petition, certain observations were made, which do not mean that positive orders are passed in favour of the complainant. Consequently, contempt action may not lie However, the judgment passed by this Court in the writ appeal reveals that a decree for permanent prohibitory injunction is granted in the civil suit which is confirmed in regular appeal. If it is so, it is open for the decree holder/ petitioner herein to execute the said decree, as per law.

¶31

-: 2 :-

¶32

Cont. Case (C).1435/16

¶33

With the above observations, this contempt petition

¶34

stands dismissed.

¶35

Sd/-

¶36

Mohan M. Shantanagoudar

¶37

Chief Justice

¶38

Sd/Sathish Ninan, Judge

¶39

krj.5/10/16

Babu Joseph v. S.S.Saji

Case brief

What is this about?

What did the court decide?

Babu Joseph v. S.S.Saji

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pradeep Kumar.B Vs State Bank of Travancore

Santhanapara Grama Panchayath Vs K.P.Philip

M/S Walayar Resorts Pvt. Ltd. Vs the Chief General Manager

Roshan Jacob Oommen Vs State of Kerala

A.Balakrishnan Vs the Managing Director

R.Jayanth Vs K.Subair Khan