The Kerala High Court disposed of a contempt petition alleging violation of an interim order regarding a locked gate. Finding an unconditional apology and non-breach affidavit on record, the Court closed the case.
Contempt petition closed; case dismissed.
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 MR. JUSTICE SATHISH NINAN
THURSDAY, THE 11TH DAY OF AUGUST 2022 / 20TH SRAVANA, 1944
CON.CASE(C) NO. 249 OF 2021
AGAINST THE WILLFUL BREACH OF UNDERTAKING GIVEN TO THIS HONIBLE COURT IN FAO 45/2019 ON 05/04/2019
PETITIONER/RESPONDENT:
KRISHNAKUMARI AGED 52 YEARS W/O. LATE VENU, PARACKAL CHETHIMATTATHIL HOUSE, PAMPADY P. O., PAMPADY VILLAGE, KOTTAYAM - 686502. BY ADVS.
C.A.CHACKO SMT.C.M.CHARISMA
RESPONDENT/APPELLANT:
SYAMLAL M. N. AGED 55 YEARS S/O. NARAYANAN, MAVELIMATTATHIL HOUSE,PAMPADY.P. O., PAMPADY VILLAGE, KOTTAYAM - 686502. BY ADVS. SMT.P.DEEPA MOHAN SRI.C.P.SAJI
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Contempt of Case No.249 of 2021
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Sathish Ninan, J.
==============================
Contempt of Case No.249 of 2021 =============================== Dated this the 11th day of August, 2022
JUDGMENT
The contempt case is filed alleging violation
of the interim order dated 05.04.2019 in F.A.O No.45/2019. The order reads thus:
“Referring to ground-D, raised in the memorandum of appeal, the learned counsel for the appellant undertakes that the gate in question will not be locked and that the access of the respondent will not be restrained,
The undertaking is recorded.”
effect that there shall not be any breach of the
undertaking. It is stated that gate in question will be closed only in case of emergency and that a key of the lock has been surrendered before this Court for
Contempt of Case No.249 of 2021
handing over to the petitioner. The respondent has further tendered unconditional apology for the unintentional breach, if any, that occurred.
In the light thereof, no further orders are called for in the Contempt Petition. The key produced by the respondent before this Court shall be handed
over to the petitioner by the Registry on obtaining due receipt. Needless to say that, the arrangement is provisional and subject to further orders in the appeal.
Contempt Case is accordingly closed.
Sd/-Sathish Ninan, Judge
lsn
Contempt of Case No.249 of 2021
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1: PHOTOGRAPHS SHOWING REMOVAL AND FIXING OF GATE AT THE DISPUTED WAY.
ANNEXURE A2: COPY OF ORDER IN FAO NO.45/2019 DATED 05.04.2019.
ANNEXURE A3: PHOTOGRAPHS OF LOCKED GATE AT THE WAY.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
lsn
Krishnakumari
Syamlal M. N.
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
