High Court Kerala High Court

K.F.Noushad vs Mohanan on 30 July, 2009

Kerala High Court
K.F.Noushad vs Mohanan on 30 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 703 of 2009(S)


1. K.F.NOUSHAD, AGED 34 YEARS,
                      ...  Petitioner

                        Vs



1. MOHANAN, AGED 45 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.VINOD J.DEV

                For Respondent  :SRI.RASHEED C.NOORANAD

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :30/07/2009

 O R D E R
                       ANTONY DOMINIC, J.
                     ================
            Contempt Case (C) NO. 703 OF 2009 (S)
            ===========================

               Dated this the 30th day of July, 2009

                          J U D G M E N T

WP(C) No.11621/2009 was disposed of by judgment dated

7th April, 2009 directing that necessary action should be taken on

Ext.P4 complaint made by the petitioner, for receiving possession

of the puramboke property, which was stated to be encroached

upon by the 5th respondent. It was complaining that the

directions in the said judgment have not been complied with, this

petition is filed.

2. In the counter affidavit dated 20th of July 2009 filed by

the respondent, though an attempt was made to contend that

there has not been any inaction on his part, the explanation was

unsatisfactory. Therefore by order dated 20/7/2009, he was

directed to appear in person. In compliance with the said order,

respondent is present today and has filed an additional affidavit,

from which it is seen that acting upon Ext.P4 complaint of the

petitioner, possession of the property encroached upon has been

resumed.

3. In view of the above, though belatedly, the direction in

COC 703/2009
:2 :

the judgment has been complied with. True, there has been a

delay in complying with the judgment and the conduct of the

respondent cannot be approved. Still, having regard to the fact

that now the directions have been complied with, the contempt

petition is closed.

ANTONY DOMINIC, JUDGE
Rp