Dismissed

Jagadeesh v. Jayachitra

Madras HC29 Mar 2023CONT P(MD)/445/2023

Case brief

AI extract

What is this about?

The Madras High Court rejected a contempt petition filed under the Contempt of Courts Act, 1971. The Court held that it cannot use its contempt powers to redress disobedience of a permanent injunction decree, directing the petitioner to seek remedies under Order XXI of the Code of Civil Procedure, 1908, instead.

What did the court decide?

Contempt petition rejected; petitioner directed to proceed under Order XXI CPC.

Jagadeesh Vs Jayachitra — Contempt of Court | Madras HC (2023)

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Cont.P.(MD) No.445 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 29.03.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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Cont.P.(MD) No.445 of 2023

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Jagadeesh ... Petitioner -vs1.Jayachitra 2.Prina Nancy 3.Prina Lincy ... Respondents

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PRAYER: Contempt Petition is filed under Sections 10 & 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for the willful disobedience of the order, dated 26.08.2019 in O.S.No.331 of 2015, on the file of the Principal District Munsif, Manapparai.

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For Petitioner : Mr.B.Prasanna Vinoth

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O R D E R

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[Order of the Court was made by R.SUBRAMANIAN, J.]

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The contempt complained of is violation of the decree for permanent injunction granted by the Court of Principal District Munsif, Manapparai.

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_____________ Page 1 of 3_ https://www.mhc.tn.gov.in/judis

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Cont.P.(MD) No.445 of 2023

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2. Though this Court has got a power to punish the people for

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committing contempt of the lower Courts, that power cannot be used to redress the grievance of the petitioner, which is disobedience of the decree for permanent injunction. There are enough and more provisions under Order

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XXI of the Code of Civil Procedure, 1908, which cater to the situation. Hence, we do not think that this contempt petition should be entertained. The contempt petition is, therefore, rejected. If the petitioner chooses to launch any proceedings before the Civil Court under the relevant provisions of the Code, the Civil Court shall deal with them, without being influenced by any of the observations made in this order.

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[R.S.M., J.] [L.V.G., J.]

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29.03.2023

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk

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To:

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The Principal District Munsif, Manapparai.

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_____________ Page 2 of 3_ https://www.mhc.tn.gov.in/judis

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Cont.P.(MD) No.445 of 2023

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R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.

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krk

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Cont.P.(MD) No.445 of 2023

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29.03.2023

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_____________ Page 3 of 3_ https://www.mhc.tn.gov.in/judis

Jagadeesh v. Jayachitra

Case brief

What is this about?

What did the court decide?

Jagadeesh v. Jayachitra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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