Contempt appeal challenging contempt proceedings dismissed. Single Judge disposed underlying petition and closed contempt case prior to admission, rendering further proceedings unnecessary. Appeal closed leaving contentions open.
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Cont.Appeal(C)No.2 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE G. GIRISH
MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
CON.APP(C)NO.2 OF 2024
ARISING FROM ORDER DATED 19.01.2024 IN CON.CASE(C)NO.174 OF 2024 OF THE
HIGH COURT OF KERALA
APPELLANT/1ST RESPONDENT:
JO AUGUSTINE
AGED 53 YEARS
SON OF V.V. AUGUSTIN, VALAVANATHURUTHEL VEEDU, THACHAMPARA
POST, MANNARKKKAD TALUK, THACHAMPARA VILLAGE, PALAKKAD
DISTRICT, KERALA STATE, PIN - 678593
BY ADVS.
SHIBIN K.F.
SEBY JOSEPH
GISON ALIYAS
RESPONDENTS/PETITIONERS:
1 AMBILI JO
DAUGHTER OF A.J. THOMAS, AKKAMATTATHIL HOUSE, PALAKKAYAM
POST, MANNARKKAD TALUK, PALAKKAD DISTRICT, KERALA STATE,
PIN - 678591
2 SIVASANKARAN P.
AGED 46 YEARS
SHO AND SUB INSPECTOR OF POLICE, KALLADIKKODE POLICE
STATION, KALLADIKKODE P.O., PALAKKAD DISTRICT, PIN - 678596
BY ADVS.
SHOBY K.FRANCIS
AGI SHOBY(A-768)
THIS CONTEMPT APPEALS (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Cont.Appeal(C)No.2 of 2024
JUDGMENT
Anil K. Narendran, J
The 1st respondent in Cont. Case (C)No.174 of 2024, arising out of the order of a learned Single Judge dated 20.12.2023 in I.A.No.1 of 2023 in O.P.(Crl)No.876 of 2023, has filed this Contempt Appeal, invoking provisions under Section 19(1) of the Contempt of Courts Act, 1971, challenging the order dated 19.01.2024 of the learned Single Judge in Cont. Case (C)No.174 of 2024.
“2. Accordingly this original petition will stand disposed of
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Cont.Appeal(C)No.2 of 2024
setting aside Ext.P3 order to the extent it directs the petitioner herein to handover vacant possession of the petition schedule property to the respondent (petitioner in CMP No.2896/2023 in MC No.99/2023). It is made clear that all other conditions in the order will continue to operate and the residence of the respondent in the petition schedule building shall not be interfered with by the petitioner. It is also made clear that the petitioner also has the right to continue in the shared household without in any manner interfering with the residence of the respondent.
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Cont.Appeal(C)No.2 of 2024
we do not find any reason to proceed with this contempt appeal further, in view of the disposal of O.P.(Crl)No.876 of 2023 and the closure of Cont.Case(C)No.174 of 2024.
In such circumstances, leaving open the rival contentions raised by both sides, this contempt appeal is also closed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/- G. GIRISH, JUDGE
MIN
Jo Augustine
Ambili Jo
Sivasankaran P.
Anil K. Narendran
G. Girish
As recorded by the court registry
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