S.Maragatham v. S.Shanmugaraj
Case brief
What is this about?
This court closed a contempt petition filed against respondents for disobeying a partition decree. The court recorded mutual undertakings and agreed timelines for dividing the building and vacating allotted portions, rendering further punishment unnecessary.
What did the court decide?
Contempt petition closed; parties directed to abide by timelines in filed undertakings for building division and vacating allotted property.
What the court decided
A compact analysis
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.12.2017
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Contempt Petition.No.797 of 2015
S.Maragatham
... Petitioner
Versus
1.S.Shanmugaraj
2.S.Rajasekharan ... Respondents
Prayer : Petition filed under Section 11 of the Contempt of
Court Act, to punish the respondents for having disobeyed
and violated the order of this Hon'ble Court dated
27.04.2011 passed in Application No.4654 of 2010 in
C.S.No.259 of 1999.
For Petitioner : Mr.V.S.Ravichandran
For Respondents: Mr.K.Kannan for R1.
Ms.B.Sumana for
Mr.C.Prasanna Venkatesh for R2.
O R D E R
This Contempt proceedings have been launched by the plaintiff/ decree holder in C.S.No.259 of 1999. The
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preliminary decree for partition was passed on 25.06.2009, declaring that the plaintiff is entitled to 1/3rd share in items 1 and 2 of the suit schedule properties. The final decree came to be passed on 27.04.2011 allotting various portions of the properties to the parties as per the sketch annexed to the final decree.
Issues for consideration
1 issue framed by the court
Whether the contemners complied with the terms of the partition decree and subsequent undertakings regarding building division.
Parties & counsel
- petitioner
S. Maragatham
- respondent
S. Shanmugaraj
- respondent
S. Rajasekharan
Coram
Case details
As recorded by the court registry
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