High Court Kerala High Court

Valli Ammed Haji vs N.K.Sasidharan on 3 November, 2008

Kerala High Court
Valli Ammed Haji vs N.K.Sasidharan on 3 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 1583 of 2008(S)



1. VALLI AMMED HAJI
                      ...  Petitioner

                        Vs

1. N.K.SASIDHARAN
                       ...       Respondent

                For Petitioner  :SRI.M.C.JOHN

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :03/11/2008

 O R D E R
                H.L.DATTU, C.J. & A.K.BASHEER, J.
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                         C.O.C.NO.1583 OF 2008-S
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                 Dated this the 3rd day of November, 2008

                                   JUDGMENT

H.L.DATTU, C.J.

Inter alia alleging that the respondents have disobeyed

the orders passed in I.A.No.2743/2008 dated 15th October, 2008, the

applicant in the I.A. has filed this Contempt Petition.

(2) While considering I.A.No.2743/2008, this Court by order

dated 15th October, 2008, has passed the following interim orders:-

“Notice. Status quo as on today should be
maintained and cultivation, if any, done shall not be
interfered”.

(3) Petitioner in the Contempt Petition states, that, in spite of the

interim order passed by this Court, the respondents are making further

construction in the property in question. In our opinion, to find out

whether there is any improvement or alteration etc., the petitioner

should have produced the photographs taken prior to the filing of

I.A.No.2743/2008. Unfortunately, the petitioner has not produced the

photographs. Therefore, in the absence of the photographs, we cannot

say, that, the respondents, after the orders passed by this Court, have

made some improvements or alterations, etc.

2
C.O.C.NO.1583/08

In that view of the matter, we decline to entertain this petition.

The Contempt Petition is, accordingly, rejected.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE

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