In a contempt case regarding the respondent's failure to vacate a shop within the court-directed timeline, the court closed the petition after learning that the Supreme Court extended the respondent's deadline for surrendering the building till 30.06.2018.
Petition closed; no order made. Respondent granted time by Supreme Court till 30.06.2018 for surrender.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY, THE 16TH DAY OF MARCH 2018 / 25TH PHALGUNA, 1939
Con.Case(C).No. 199 of 2018 IN RCR. 208/2017 AGAINST THE ORDER IN RCRev. 208/2017 of HIGH COURT OF KERALA DATED 18-07-2017
PETITIONER(S)/RESPONDENT
P.K.MOIDEEN KOYA, S/O.KHALEEFINTAKATH UMMER,AGED 75 YEARS,17/2249, RESIDING AT PUTHIYAKOVILAKAM PARAMBA,KASABA AMSOM DESOM, KOZHIKODE TALUK,KOZHIKODE DISTRICT.
BY ADV.SRI.C.P.MOHAMMED NIAS
RESPONDENT(S)/REVISION PETITIONER:
K.RAMESH, S/O.K.K.SUKUMARAN,AGED 51 YEARS, METHALE HOUSE,SINDHU NILAYAM,BUSINESS AT 17/2246, M.M.ALI ROAD,KASABA AMSOM DESOM,KOZHIIKDOE TALUK, KOZHIKODE DISTRICT-673004.
BY SRI.K.M.FIROZ
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 16-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, C.J. &
DAMA SESHADRI NAIDU, J.
Contempt Case (C) No.199 of 2018
Dated this the 16th day of March, 2018
JUDGMENT
Antony Dominic, C.J.
This petition is filed alleging disobedience by the respondent of the directions of this Court in the order in R.C.R. No.208 of 2017. By the said order, the tenant has undertaken to vacate the petition schedule shop room within six months from 18.07.2017. In spite of such undertaking, he has not given vacant possession of the shop room till date. It is this act of the tenant which is described as wilful disobedience of the directions of this Court.
Apex Court has given time to the tenant till 30.06.2018 for
Contempt Case (C) No.199 of 2018
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surrender of the building.
In that view of the matter, this petition is closed.
Sd/-
ANTONY DOMINIC CHIEF JUSTICE
Sd/-
DAMA SESHADRI NAIDU
JUDGE
kns/-
//TRUE COPY//
P.S. TO JUDGE
1 issue framed by the court
Whether the grant of additional time by the Supreme Court to the respondent warrants dismissal of the contempt petition for wilful disobedience.
P.K.MOIDEEN KOYA
K.RAMESH
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
