N.Sathiamoorthyq v. a.Kansingh
Case brief
What is this about?
Tenant filed a contempt petition against landlords for violating an interim stay order regarding possession. Court found willful disobedience but, upon unqualified apology, rent arrears payment, and compromise, closed the contempt petition and granted liberty to restore eviction proceedings if the tenant succeeds in the underlying revision. disposition: dismissed
What did the court decide?
The Contempt Petition stands closed accepting the apology. Liberty granted to restore execution petition if Civil Revision succeeds.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2017 CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY Contempt Petition (MD)No.1655 of 2016 in
M.P (MD) No.1 of 2013 in
C.R.P(MD)No.2113 of 2013
N.Sathiamoorthy
... Petitioner/Petitioner
Vs.
1.A.Kansingh 2.K.Kavery ... Respondents/Respondents
PRAYER: Contempt petition is filed under Section 11 of Contempt of Courts Act, to punish the respondents herein for the acts of Contempt of Court for the violation and disobedience of the order, dated 21.11.2013 passed in M.P(MD)No.1 of 2013 in C.R.P(MD)No.2113 of 2013 on the file of this Court.
Prayer in MP(MD). 1/ 2013 in CRP(MD).2113/2013 :
Issues for consideration
3 issues framed by the court
Whether the respondents committed contempt of court by disobeying the interim stay order despite subsequently offering compensation and apology.
Whether the contempt petition should be dismissed upon acceptance of unconditional apology and payment of compensation.
Whether the respondents can be granted liberty to restore the terminated execution petition if they succeed in the pending civil revision.
Parties & counsel
- petitioner
N. Sathiamoorthy
- respondent
A. Kansingh
- respondent
K. Kavery
Coram
Case details
As recorded by the court registry
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