High Court Kerala High Court

Marykutty Samuel vs Madhusoodhanan on 10 June, 2009

Kerala High Court
Marykutty Samuel vs Madhusoodhanan on 10 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 318 of 2009(S)


1. MARYKUTTY SAMUEL, W/O. A.J. SAMUEL,
                      ...  Petitioner

                        Vs



1. MADHUSOODHANAN S/O. ACHUTHAN EZHUTACHAN,
                       ...       Respondent

                For Petitioner  :SRI.JACOB SEBASTIAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :10/06/2009

 O R D E R
                           K.M. JOSEPH, J.

             ````````````````````````````````````````````````````
              Contempt Case (C) No. 318 OF 2009
             ````````````````````````````````````````````````````
              Dated this the 10th day of June, 2009

                           J U D G M E N T

Heard learned counsel for the petitioner, learned

government pleader and learned counsel appearing on behalf of

the Bank.

2. The contempt alleged violation of interim order dated

5.3.2009. According to the appellant, he offered Rs.5,000/- on

6.3.2009. It is stated that the petitioner did not obtain copy of the

order on 5.3.2009. This Court directed the respondent to file

affidavit. Affidavit is filed wherein it is stated that the sale was

posted to 6.3.09. It is further stated that the petitioner failed to

deposit Rs.5,000/- before the time of sale and she did not comply

with the order of High Court. In such circumstances, sale was

held. It is also stated that if the petitioner had deposited

Rs.5,000/- before the time of sale, the sale would not have been

conducted on 6.3.09.

I would think that it may not be appropriate for me to proceed

with the matter further in the contempt case. Accordingly, this

COC.318/09
: 2 :

Contempt Case is dismissed. This will be without prejudice to the

right of the petitioner to prosecute W.P.(C) No.7208/09 and

without prejudice to any other right which she has in any other

Forum.

Sd/-

(K.M.JOSEPH, JUDGE)

aks

// True Copy //

P.A. to Judge