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.
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Contempt Case (C) No. 318 OF 2009
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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