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2014 DIGILAW 1993 (MAD)

A. Srinivasan v. V. Desigan

2014-07-04

S.RAJESWARAN, S.VAIDYANATHAN

body2014
Judgment : S. Rajeswaran, J. 1. This contempt petition has been filed by the petitioner/plaintiff herein under Section 10 of the Contempt of Courts Act, 1971, alleging that the first and second respondents herein, who are the defendants in the suit, have disobeyed willfully the order passed by the Civil Court viz., IV Assistant City Civil Court, Chennai in I.A.No.3663 of 2014 in O.S.No.1320 of 2014 dated 7.3.2014, by disconnecting the water supply and electricity power supply to the suit schedule property. 2. The learned counsel for the petitioner contended that the petitioner/plaintiff has filed a suit in O.S.No.1320 of 2014 for a bare injunction and in I.A.No.3663 of 2014, the plaintiff obtained ad interim order of injunction against the respondents on 7.3.2014. But, even after getting an order of injunction against the respondents/ defendants, the respondents/defendants have purposely disconnected the water supply and electricity power supply, thereby violating the order of interim injunction passed by the Court below. Hence, the above contempt petition was filed by the petitioner/plaintiff. 3. We are of the considered opinion that the contention learned counsel for the petitioner/plaintiff that the order of injunction obtained by the petitioner/plaintiff in the suit O.S.No.1320 of 2014 on 7.3.2014 in I.A.No.3663 of 2014 has been violated willfully, cannot be considered in a contempt petition filed before this Court under Section 10 of the Contempt of Courts Act. The petitioner/plaintiff has to go and appear before the Court Below and agitate the matter by filing an application under Order 39, Rule 2-A of the Civil Procedure Code, which provides for consequence disobedience of the order of injunction passed by the Court Below. 4. Therefore, having failed to avail the remedy available under Order 39, Rule 2-A of the Civil Procedure Code, before the Court Below, the contempt petition filed by the petitioner/plaintiff before this Court, lacks bona fides. Hence, the contempt petition cannot be entertained and the same is dismissed as devoid of merits with liberty to the petitioner/plaintiff to approach the appropriate Court under law, if he is so advised.