The Madurai Bench of the Madras High Court on Thursday imposed a punishment of one month rigorous imprisonment on a respondent for failing to abide by the court’s order. The attitude of the respondent was nothing but to defeat the judgement and decree delivered in the earlier suit that was passed on merits, the court said.
The court was hearing the contempt petition filed by the petitioner, W. Ponnuthai of Tirunelveli district, who had a civil dispute with the respondent, Ponruby Mercy. The court had directed the respondent to vacate the suit property and hand over its possession to the petitioner. Following an undertaking by the respondent that she would vacate the property, the court had granted her one year’s time from April 2018 to hand over possession of the property.
However, despite the undertaking given, the respondent made an attempt to put up further construction in the property and failed to vacate even after a legal notice was served. Following this the contempt petition was filed.
During the course of the hearing, Ponruby Mercy informed the court that she could not vacate the property and wanted time to put forth the case. The court took cognisance of the fact that the respondent’s son had filed a suit against the petitioner seeking a claim over the property. The suit was said to be filed at the instigation of the respondent.
Justice S.S. Sundar observed that the respondent had scant regard for the court’s order. If the court started showing lenience based on misplaced sympathy, it would be very difficult to get justice to litigants.
Though this court wanted to know from the respondent whether she was willing to vacate the property, she had made it clear that she had no intention to hand over possession of the property. Under such circumstances, this court had no other option but to impose a punishment of one month rigorous imprisonment on the respondent, the court said.
The court ordered the respondent to hand over the possession of the property with immediate effect, and the executing court to hear the execution petition and pass appropriate orders without unnecessary adjournment. It should be ensured that the property was handed over within a period of two months, the court said.
