Priyanka v. Neethi
Case brief
What is this about?
A contempt petition was filed alleging the respondent sold the suit property after a stay on decree execution. The court held that the interim order merely stayed execution and did not positively prohibit sale, so it issued no finding of contempt.
What did the court decide?
The Contempt Petition filed under Section 11 of the Contempt of Courts Act is dismissed.
What the court decided
CONT.P(MD)No.487 of 2022
Priyanka
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2022 CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CONT.P(MD)No.487 of 2022
... Petitioner
vs.
Neethi
... Respondent
Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnor/1st respondent for the willful disobedience and non-compliance of the order passed in C.M.P(MD)No.383 of 2021 in S.A(MD)No.27 of 2021 dated 21.01.2021.
Prayer in SA(MD). 27/ 2021 :
To set aside the Judgment and decree dated 06-09-2019 passed in A.S.No. 6 of 2015 by the Additional District Judge(FTC). Theni by confirming the Judgment and Decree dated 28-04-2009 passed in O.S.No.50 of 2008 by the Subordinate Judge,Uthamapalayam and pass such further order or orders as this Honble Court may deem firt and proper in the circumstances of the case.
Issues for consideration
2 issues framed by the court
Whether the sale of property by the respondent executing a sale deed without a positive restraining order amounts to willful disobedience under Section 11 of the Contempt of Courts Act.
Whether an interim order staying the execution of a decree also acts as a prohibition on the transfer of the subject property.
Parties & counsel
- petitioner
Priyanka
- respondent
Neethi
Coram
R.Subramanian
Case details
As recorded by the court registry
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