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Mathew Varghese vs M.Amritha Kumar . on 20 February, 2015

Bench: Fakkir Mohamed Ibrahim Kalifulla, Abhay Manohar Sapre

                                             IN THE SUPREME COURT OF INDIA
                                         CIVIL APPELLATE/ORIGINAL JURISDICTION

                                      I.A. Nos. 14-16, 20-22 & 23-25 in
                                      Civil Appeal No(s).1927-1929/2014

                         MATHEW VARGHESE                                     Appellant/Applicant
                                                   VERSUS

                         M.AMRITHA KUMAR & ORS.                             Respondent(s)

                                                  WITH
                         CONMT.PET.(C) Nos. 398-400/2014 In C.A. Nos.1927-1929/2014

                                                         O R D E R

Mr. Krishnan Venugopal, learned senior counsel appearing for the petitioner/applicant as well as the learned counsel for the respondent Nos.1, 2 and 4 reported that as directed in our order dated 19.1.2015 the Sale Deed has been executed and the receipt for Rs.76,00,000/- (Rupees Seventy Six Lacs only) has already been executed and registered before the Sub-Registrar, Edappally on 18.2.2015.

In the light of the said development nothing survives in these contempt petitions. The contempt petitions are closed As regards the grievance expressed by the learned senior counsel for the petitioner in contempt petitions that there is some difficulty in getting access to the property and certain other encroachments in the mortgaged property and thereby Respondent No.4 is not able to ensure possession by fencing of the property is concerned, it is stated that Signature Not Verified Respondent No.4 has already moved the Chief Digitally signed by Narendra Prasad Date: 2015.02.26 10:58:16 IST Judicial Magistrate for getting physical Reason: possession of the property involved in these civil appeals and contempt petitions.

 In the light of the said proceedings already initiated by Respondent No.4, we only direct the concerned Chief Judicial Magistrate to expedite the said proceedings and conclude the same after holding necessary inquiry. All the pending I.As are also disposed of.

................................J. [FAKKIR MOHAMED IBRAHIM KALIFULLA] ................................J. [ABHAY MANOHAR SAPRE] NEW DELHI;

FEBRUARY 20, 2015.

                            2
ITEM NO.2                  COURT NO.8                SECTION XIA
                  S U P R E M E C O U R T O F     I N D I A
                          RECORD OF PROCEEDINGS

I.A. Nos. 14-16, 20-22 & 23-25 in Civil Appeal No(s). 1927-1929/2014 MATHEW VARGHESE Appellant(s) VERSUS M.AMRITHA KUMAR & ORS. Respondent(s) (With appln(s) for directions and office report) WITH CONMT.PET.(C) No. 398-400/2014 In C.A. No. 1927-1929/2014 (With Office Report) Date : 20/02/2015 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Appellant(s) Mr. Krishnan Venugopal,Sr.Adv.

Mr. S. Mohanan,Adv.

Mr. Abir Phukan,Adv.

Mr. A. Raghunath,Adv.

For Respondent(s) Mr. Himanshu Munshi,Adv.

Mr. Durga Dutt,Adv.

Mr. Manish Garani,Adv.

Ms. Niranjana Singh,Adv. Ms. Sadhana Sandhu,Adv. Mr. Ram Bhaj,Adv.

Mrs. Anil Katiyar,Adv.

Mr. K. Vijayan,Adv.

Mr. K. Rajeev,Adv.

Mr. K. Prabhakaran,Adv.

Mr. Senthil Jagadeesan,Adv.

Ms. Meena C. R.,Adv.

UPON hearing the counsel the Court made the following O R D E R The contempt petitions are closed and I.As are disposed of in terms of the signed order.

  (NARENDRA PRASAD)                          (SHARDA KAPOOR)
    COURT MASTER                              COURT MASTER

(Signed order is placed on the file) 3