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NIZHAR RAWTHER, AGED 48 YEARS versus ANIYAN MATHEW, AGED 42 YEARS

High Court of Kerala

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NIZHAR RAWTHER, AGED 48 YEARS v. ANIYAN MATHEW, AGED 42 YEARS - Con Case(C) No. 195 of 2007(S) [2007] RD-KL 12506 (9 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con Case(C) No. 195 of 2007(S)

1. NIZHAR RAWTHER, AGED 48 YEARS,
... Petitioner

Vs

1. ANIYAN MATHEW, AGED 42 YEARS,
... Respondent

For Petitioner :SRI.T.M.ABDUL LATHEEF

For Respondent :SRI.G.UNNIKRISHNON

The Hon'ble the Chief Justice MR.H.L.DATTU The Hon'ble MR. Justice K.T.SANKARAN

Dated :09/07/2007

O R D E R

H.L.DATTU, C.J. & K.T.SANKARAN,J.

Cont.Case (C). NO. 195 OF 2007 S

Dated this the 9th July, 2007



JUDGMENT

H.L.DATTU, C.J. The fifth respondent in C.R.P.No.976 of 2000 is the complainant in this contempt petition. He alleges that the respondent herein has disobeyed the order passed by this Court in the aforesaid revision petition. Therefore, a request is made to initiate appropriate proceedings against the respondent as he has wilfully and deliberately disobeyed the order passed by this Court.

2. After service of notice, the respondent has entered appearance. He has also filed counter affidavit.

3. Since we were not satisfied with the affidavit filed by the contemnor, we had directed the learned counsel appearing for the contemnor to get appropriate instructions from the respondent.

4. On instruction, learned counsel, Smt.Thasnim M.A., appearing for the contemnor would submit that the contemnor shall allot Shop No.1 [marked in Ext.R1(a)] to the complainant within two months from today. She also submits that the contemnor may be permitted to approach the authorities for fixation of fair rent.

5. This Court while disposing of the Revision Petition had issued the following direction:

"It is directed that both the tenants herein must be re-inducted into possession within a period of 60 days Cont.Case (C). NO. 195 of 2007 from this date with liability to pay fair rent, to be fixed by the authorities."

6. Placing on record the submission made by the learned counsel appearing for the contemnor this contempt petition is disposed of. The contemnor shall allot Shop No.1 [marked in Ext.R1(a)] to the complainant within two months from today. Liberty is reserved to the contemnor to approach the appropriate authorities for fixation of fair rent, if he so desires. Ordered accordingly. (H.L.DATTU) Chief Justice (K.T.SANKARAN) Judge ahz/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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