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In The Honourable High Court of Judicature Chennai

This document outlines a legal case regarding a property dispute and allegations of contempt of court. It details how the defendant Nirmala gave an undertaking not to alienate or encumber the disputed properties, but then proceeded to execute a registered family settlement transferring ownership of the properties to her daughters. The plaintiffs filed a contempt petition against Nirmala for violating her undertaking while the appeal regarding the properties was still pending, but the court dismissed the contempt petition.

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91 views2 pages

In The Honourable High Court of Judicature Chennai

This document outlines a legal case regarding a property dispute and allegations of contempt of court. It details how the defendant Nirmala gave an undertaking not to alienate or encumber the disputed properties, but then proceeded to execute a registered family settlement transferring ownership of the properties to her daughters. The plaintiffs filed a contempt petition against Nirmala for violating her undertaking while the appeal regarding the properties was still pending, but the court dismissed the contempt petition.

Uploaded by

krithika
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE HONOURABLE HIGH COURT OF JUDICATURE CHENNAI

AS.NO: 461 OF 2007

G.SRINIVASAN

S.ANDAL, W/O SRINIVASAN

PLAINTIFF

-VERSUS -

M.NIRMALA

DEFENDANT

IN THE LOWER COURT OF COIMBATORE IN JUDGEMENT GIVEN ON 28.12.2006 JUDGE SAID I


SHOULD HAVE DEPOSITED BALANCE AMOUNT FOR PROPERTY RS.615000/- IN HONOURABLE
COURT BEFORE FILING SUIT ON 30.04.1996.

BUT I HAD MAINTAINED IN MY WIFES BANK A/C A BALANCE OF


RS. 400476 ON 12.02.1996 TO 26.02.1996.
RS. 131006 ON 27.02.1996 TO 05.03.1996.
RS. 1262416 ON 06.03.1996.
ON 06.03.1996 I HAVE TRANSFERRED A SUM OF RS.1255000/- TO FIXED DEPOSIT A/C AGAIN ON
07.03.1996 I HAVE TRANSFERRED A FURTER SUM OF RS.100100 IN FIXED DEPOSIT.

I HAVE MENTIONED IN MY PLAINT THAT IF HONAROUBLE COURT DIRECTS I WILL REMIT


RS.615000/- IN HONOURABLE COURT. FURTHER IF I HAD DEPOSITED THE SUM OF RS.615000/-
BEFORE 30.04.1996, NOW 25 YEARS HAS PASSED. FOR ALL THE 25 YEARS HAS PASSED. FOR ALL
THE 25 YEARS THE AMOUNT WILL BE IN HONAROUBLE COURT.

INDIVIDUAL CITIZENS LIKE ME CANNOT AFFORD TO KEEP RS.615000/- FOR A LONG PERIOD OF
25 YEARS IN COURT.

ANY PERSON WILL PREFER TO INVEST THE AMOUNT IN IMMOVABLE PROPERTIES ONLY.

HENCE THE STAND OF LOWER COURT IS DISSMISSING MY SUIT ON 28.12.2006 THAT I HAVE
NOT DEPOSITED THE SUM OF RS.615000/- IN HONAROUBLE COURT IS NOT ACCEPTABLE.

IT WOULD BE FAIR THAT IF THE BUYER PROVES THAT SHE HAS FINANCIAL ABILITY CAPACITY TO
RAISE, MOBILISE RS.615000/- AT ANY TIME.

THIS I HAVE PROOVED BY MEANS OF HUNDREADS OF DOCUMENTS FILED IN


HONAROUBLE COURT AS PER STATEMENTS ENCLOED.
CONTEMPT OF HONAROUBLE COURT BY M.NIRMALA:

AFTER FILING IN HONAROUBLE HIGH COURT OF JUDICATURE CHENNAI UNDER AS.NO 461 OF
2007 APPEALENTS G.SRINIVASAN HIS WIFE S. ANDAL FILED APPLICATION NO.1 OF 2007 ON
20.02.2007 FOR STAY SINCE THEY FELT BEFORE APPEAL DISPOSD BY HIGH COURT OF
JUDICATURE, CHENNAI. THE SELLER MRS.NIRMALA WILL SELL SUIT PROPERTIES TO ANY OTHER
PERSON OR CREATE ENCUMBRANCE TO CREATE COMPLICATIONS.

MRS.NIRMALA FILED COUNTER AFFIDAVIT ON IN THE HIGH COURT OF


JUDICATURE,CHENNAI. SHE GAVE AN UNDERTAKING IN WRITING THAT SHE HAD NO
INTENTION TO ALIEGNATE OR ENCUMBER THE SUIT PROPERTIES AND WILL NOT CREATE ANY
COMPLICATIONS.

ACCEPTING THE UNDERTAKING OF MRS.NIRMALA , THE HONAROUBLE HIGH COURT OF


JUDICATURE CHENNAI ON DISMISSED APPELANTS PETITION FOR STAY.

BUT NEGLECTING HER OWN UNDERTAKING AND WITHOUT GIVING RESPECT/HONAOUR TO


HONAROUBLE HIGH COURT JUDICATURE CHENNAI MRS. NIRMALA ON 18.05.2018 EXECUTES A
REGISTERED FAMILY SETTLEMENT BY TRANSFERRING THE OWNERSHIP RIGHT OF SUIT
PROPERTIES IN FAVOUR OF HER TWO DAUGHTERS M.MALINI AND M.VIDHYA LAKSHMI.

EVEN THOUGH SHE EXECUTED SETTLEMENT DOCUMENT BY TRANSFERRING OWNERSHIP, RIGHT


OF SUIT PROPERTY IN THE NAME OF HER OWN DAUGHTERS,ONCE THE DISPUTE IS PENDING
FOR DISPOSAL IN THE HANDS OF HIGH COURT OF JUDICATURE,CHENNAI.SHE HAS NO RIGHT TO
DO SO AND HER ACTION TANTAMOUNTS TO CONTEMPT OF COURT .

THE APPEALENTS ISSUED LEGAL NOTICE TO HER ON BEFORE FILING CONTEMPT PETITION IN
HONAROUBLE COURT OF JUDICATURE MADRAS.BUT SHE HAS NOT RECEIVED THE NOTICE AT
ALL. SHE GAVE BRIBE TO POSTMEN TO RETURN THE LEGAL NOTICE WITH REMARKS “NO SUCH
PERSON”.

THE APPELANTS FIELD CONTEMPT PETITION NO OF 2019 ST HONSROUBLE HIGH COURT OF


JUDICATURE, CHENNAI ON 16.08.2019.

EVEN THOUGH THE CONTEMPT PETITION IS WELL MAINTAINABLE THE HONAROUBLE HIGH COURT
OF JUDICATURE CHENNAI.AFTER SEVERAL MONTHS DISMISSED THE CONTEMPT PETITION WITH
REMARKS “NOT MAINTAINABLE”.

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