Mr. Govindaprasad and another Vs Mr. M.S.Ganesh — Madras HC (2026) — LawSathi Research

Mr. Govindaprasad and another Vs Mr. M.S.Ganesh — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt petition closed without punishment; respondent's undertaking affidavit recorded (rental arrears of Rs.10,00,000/-, with Rs.7,50,000/- payable within six months from February 2026 and the balance after three months); key handed over in open court and petitioner permitted to take possession; on default, petitioner permitted to approach the Execution Court, which is directed to dispose of the execution petition within six months; matter posted to 05.08.2026 for reporting compliance.

Issue for consideration

Whether contempt proceedings should be taken against the respondent for non-compliance of the order dated 06.08.2025 in C.M.A.No. 2135 of 2025 and whether he should be punished.

Court's answer

The respondent handed over the key pertaining to the subject property to the landlord/contempt petitioner.

Ratio / Principle

The rental arrears were settled at Rs.10,00,000/-, out of which the respondent agreed to pay Rs.7,50,000/- within six months from February 2026 and the remaining amount after three months.

Key takeaways

The respondent's undertaking affidavit records that if he is unable to mobilise funds within six months he seeks more time, citing losses suffered in his real estate business.ratio¶21
The figure 'Rs.7.50 thousand' in the undertaking affidavit was a typographical error and was directed to be recorded as 'Rs.7.50 lakhs'.ratio¶21
Considering the request of the respondent, the undertaking affidavit filed by the respondent was recorded.

Detailed headnote1 paragraphs

Madras High Court (T.V. Thamilselvi J.), CONT P No. 3985 of 2025, order dated 02-02-2026 — Contempt Petition filed for non-compliance of the order dated 06.08.2025 in C.M.A.No. 2135 of 2025 — at hearing, the respondent/contemnor handed over the key of the subject property to the landlord/contempt petitioner — rental arrears settled at Rs.10,00,000/-, of which the respondent agreed to pay Rs.7,50,000/- within six months from February 2026 and the remaining amount after three months — typographical error in the undertaking affidavit ('Rs.7.50 thousand') directed to be recorded as 'Rs.7.50 lakhs' — undertaking affidavit recorded; respondent assured the Court he would cause no interference in future with the petitioner's property — in default, petitioner permitted to approach the Execution Court, which is directed to take the case on file and dispose of it within six months from the date of the petition — key handed over in open court and petitioner permitted to take possession the same day — Contempt Petition closed; respondent's affidavit forms part of the order — matter posted to 05.08.2026 for reporting compliance.

CONT P No. 3985 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-02-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

CONT P No. 3985 of 2025

Mr. Govindaprasad and another S/o. R. Sundararajan, T2, Malles Apartments, 46/26, Taylors Estate 2nd Street, Kodambakkam, Chennai - 600 024.

Mrs. Radha Govindaprasad, W/o.Govindaprasad, T2, Malles Apartments, 46/26, Taylors Estate 2nd Street, Kodambakkam, Chennai - 600 024.

Petitioner(s)

Vs

Mr. M.S.Ganesh S/o. MM Samy, Flat No. B-4, No.6, PCO Road, Egmore, Chennai 600 008.

Contemnor(s)

CONT P No. 3985 of 2025

PRAYER

To take Contempt Proceedings against the respondents for non-compliance of the order passed by this Court in C.M.A.No. 2135 of 2025 dated 06.08.2025 and punish the respondents

CONT P No. 3985 of 2025 For Petitioner(s): MR. K.M.Srirangan For Contemnor(s): Mr.K.A.Mariappan

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CONT P No. 3985 of 2025

ORDER

Both side counsel appeared before this court. As directed by this Court, the petitioner appeared through Video Conference and respondent appeared before this Court.

The respondent handed over the key pertaining to subject property to landlord/contempt petitioner. After deliberations, the rental arrears reduced to Rs.10,00,000/- and out of which, the respondent agreed to pay a sum of Rs.7,50,000/- within a period of six months from February 2026 and remaining amount has to be paid after three months. To that effect, the respondent filed undertaking affidavit with the condition that if he is not able to mobilise the fund within six months he seeks some more time since he suffering loss in real estate business. Further, it is noted that in the affidavit instead of Rs.7.50 lakhs it is mistakenly typed as Rs.7.50 thousand. Accordingly, it is ordered to be record as Rs.7.50 lakhs.

Considering the request of the respondent, the undertaking affidavit filed by the respondent is recorded and the respondent assured before this Court that he would not cause any interference, in future, in respect of property belongs to the petitioner. In default, the petitioner is permitted to approach the Execution Court to recover the arrears of rent. If any application is filed for

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CONT P No. 3985 of 2025

execution, the Execution Court is directed to take the case on file and dispose the same within a period of six months from the date of petition.

The key is handed over to the counsel for the petitioner in open court since the property is handed over, the petitioner is permitted to take possession of the property today itself. Accordingly, this Contempt Petition is closed and affidavit filed by the respondent is forming part of this order.

Post the matter on 05.08.2026 for ‘reporting compliance’.

02-02-2026

pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To

The Section officer, V. R Section, High Court, Madras.

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CONT P No. 3985 of 2025

T.V.THAMILSELVI J. pbl

CONT P No. 3985 of 2025

02-02-2026

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