Petitioner sought recall of an arrest warrant in a contempt case under Section 151 CPC. The High Court recalled the warrant based on the petitioner's compliance, arrears payment, and the respondent's readiness to withdraw the civil suit.
Registry directed to recall the arrest warrant dated 05.09.2024 issued against the petitioner.
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T
13215 |
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY ,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR. JUSTICE G.RADHA RANI
l.A.No. 2 OF 2024
IN
CONTEMPT CASE NO: 106 OF 2020
Between:
Maganti Krishna Kumar, S/o. M. Pardha Saradhi, Aged about 52 years, Occ Eleckical Business, R/o. H.No. 23-220, Near Balaji Temple, Anandbagh, Malkajgiri, Hyderabad, 500004, Cell No. 9030588808
...Petitioner/Respondent
AND
Smt. M. Sreedevi, Wo. Sri. M. Venkata Ramesh, aged about 78 years, Occ Housewife, PJo. H.No. 3-110, Maruthi Nagar, Malkajgiri, Hyderabad 500 047.
...RespondenUPetitioner
Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to recall the order dated 05-09-2024 passed in CC.No. 10612020.
This Petition coming upon for hearing this day, upon perusing the affidavit filed in support of the petition and upon perusing the record and ordered dated 25.04.m23 and 05.09.2024 made in the above Contempt Case, and upon hearing the arguments of M/s. L.N. Bhadriraju, learned counsel for the Petitioner herein and Smt. K. Pallavi, learned counsel for the Respondent herein, made the following: ORDER
,/
"This application is filed by the petitioner - respondent to recall the order dated 05.09.2024 passed in C.C.No 106 ot2020.
Heard the learned counsel for the petitioner - respondent.
Learned counsel for the petitioner - respondent submitted that in pursuance of the final order passed by this court in s.A.No.'1 ol 2019, the petitioner vacated the schedule premises of the respondent in the month of october, 2022 and lhe respondent had taken possession of the property. The respondent subsequent to receiving possession of the property had also leased out the same to one ,Telugu Matrimony'and was receiving monthly rent of Rs.4s,000/- per month At the time of vacating and handrng over the possession of property, the respondent herein promised to withdraw all the cases filed by her against the petitioner. The parties entered into compromise and setfled their inter-se disputes. The respondent promised to withdraw all the cases filed by her against the petitioner and the petitioner believed the same in good faith. The respondent filed a memo in the court not to press the suit in the light of the setflement arrived at. The Ep was also terminated on 21 .12.2023 and the matter had attained a quietus. The petitioner was not informed about the proceedings of the contempt case. He had no intention to disobey the orders of the court and prayed to recall the warrant of arrest issued against him.
considering the submissions of the learned counsel for the petitioner that he vacated the suit schedule property and paid the entire arrears due, which was also confirmed by the learned counsel for the respondent and the learned counsel for the respondent also reported that the respondent is ready to withdraw the civil case filed by her against the petitioner, it is considered fit to reca I the arrest warrant issued against the petitioner.
':7
Hence, the Registryis directedto recall the arrest warrant issued againstthe petitioner.
Accordingly, the applicationis ordered."
Thereforeyou Viz,
The Commissioner ofPolice, Hyderabad
ls hereby informed thatthe warrantof arrest dated 05.09.2024issued against tlrepetitioner herein i.e., Mr. MagantiKrishnaKumar, S/o. M. Pardha Slradhi, Aged about52 years, Occ Electrical Business,Uo' H'No' 23-220,Near Balaji Temf,le, Anandbagh,Malkajgiri, Hyderabad,500004is herebyrecalled'
Sd/- A.V.S.S.C.S.M.SARMA JOINT REGIST
//TRUE COPYII
SECTION OFFICER
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HIGH COURT
DATED:2011212024
ORDER
l.A.No. 2 of 2024 ln
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CC.No.106 of 2O20
ORDERING THE I.A
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2 issues framed by the court
Whether the arrest warrant issued against the petitioner in a contempt case should be recalled in light of the petitioner's compliance and the respondent's readiness to withdraw the related civil suit
Whether the petitioner's failure to be informed about the contempt proceedings can be grounds for recalling the warrant.
1 provisions across 1 enactments
Maganti Krishna Kumar
Smt. M. Sreedevi
G. Radha Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
