C ELUMALAI Vs. A G L IRUDAYARAJ

JUDGEMENT

(1.) Alleging violation of the order passed by this Court, the present contempt petition has been filed. Stand of the petitioners is that by order dated 19.3.2007 in SLP (C) No. 19924 of 2006, this court had directed that the High Court which was considering CS No. 597 of 2006 in the original side shall make an effort to dispose of the suit within a period of six months from the date of receipt of the order. It was also directed that till completion of the suit the parties shall not create any third party right. It is the case of the petitioners that in clear violation of this court's order, third party rights have been created. Several affidavits have been filed by the respondent No. 1 alleged contemnor No. 1. But no response has been filed by the respondent No. 2 alleged contemnor No. 2.

(2.) Learned counsel for the petitioners submitted that there has been conscious violation of the orders passed by this court. The unconditional apologies offered at various stages are intended to cover up the violation. Even after filing of the first affidavit containing alleged unconditional apology, the subsequent conduct shows continued violation.

(3.) Learned counsel for the respondent No. 1 -contemnor No. 1 submitted that the factual scenario clearly shows that there was never any intention to flout the orders of this court. Rather, the respondent No. 1-contemnor No. 12 is a victim of circumstances and therefore the unconditional apology offered should be accepted.