Telangana High Court

CC/1414/2009 of Nalluri Venugopala Krishna Vs Nalluri Rajyam (Died) on 30 December 2010

Cites 0, Cited by 0

COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD , THE DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR CONTEMPT CASE No.1414 of 2009 (Contempt Case U/s. 10 to 12 of Contempt of Courts Act to punish the Respondents herein for violating, disobeying the

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

, THE DAY OF DECEMBER

TWO THOUSAND AND TEN

PRESENT

THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR

CONTEMPT CASE No.1414 of 2009

(Contempt Case U/s. 10 to 12 of Contempt of Courts Act to punishthe Respondents herein for violating, disobeying the Order of the High Courtdated 04.04.2008 in ASMP.No.2200 of 2007 in AS.No.3635 of 2004)

BETWEEN:

Nalluri Venugopala Krishna and another.

AND

... PETITIONERS

Nalluri Rajyam and others.

...RESPONDENTS

Counsel for the Petitioner: MR. SIVA PRASAD

Counsel for the Respondents: MR. M.S.N. PRASAD

The Court made the following:

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER:

The respondents in A.S.No.3635 of 2004 have filed this contempt casealleging that in spite of orders of this Court in ASMP.No.2200 of 2007 dated04.04.2008, the appellants (who are respondents herein) have alienatedsome of the plaint schedule properties.

2. The contempt petitioners have mentioned in the accompanyingaffidavit that the respondents have sold item 1 of plaint schedule underregistered sale deed dated 19.02.2007 and another item 12 under registeredsale deed dated 19.02.2007. Hence, alleging deliberate violation of the ordersof this Court, the present contempt case is filed.

3. The respondents have filed counter accepting the alienation butjustified the same on the ground that due to financial crisis and struggle forsurvival they were forced to sell some of the items and it is asserted that even as per the decree of the trial Court, the respondents are entitled to 1/3[rd] share and the portion, which are sold arevery much within the share, which the respondents will be entitled to even asper the decree of the trial Court. It is also asserted that the respondents hadno intention to violate the orders nor any intention to part with the familyproperties but on account of struggle for livelihood they had no other option.

4. As the order of restraint was passed on 04.04.2008, the aforesaid two items 1 and 12 are sold prior to restraint orders of thisCourt dated 04.04.2008. One more item of 67 cents from out of item 11, isalleged to have been sold by the respondents under sale deed dated15.12.2008, which alone is subsequent to the orders of this Court, referred toabove. Technically, therefore, the violation of order is established. However,keeping in view the fact that the respondents alienated the aforesaid item ofthe suit schedule property but well within their share of 1/3[rd] entitlement evenas per the trial Court’s decree and the circumstances pleaded on account ofdire necessity have to be taken into consideration deserving a lenient view inthe matter. I am, therefore, not inclined to proceed further in the matter andeven otherwise, A.S.No.3635 of 2004 has been allowed by a separate ordertoday.

In the totality of the circumstances, this contempt case is dismissed.There shall be no order as to costs.

_____________________

December , 2010DSK

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead