The complainant filed a contempt petition for violation of a High Court order. The court dismissed the petition as it did not survive due to the stay order resulting from an admitted appeal filed by the respondents against the impugned order.
Contempt petition dismissed as the underlying order is stayed due to a pending appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 21ST DAY OF APRIL, 2014
PRESENT
THE HON’BLE Mr. JUSTICE N. KUMAR
AND
THE HON’BLE Mr. JUSTICE H. BILLAPPA
C.C.C. No. 576/2014 (CIVIL)
BETWEEN :
Sri. A J SELVARAJ S/O. LATE APPADORAI AGED ABOUT 53 YEARS R/A. A-2, No. 117 FARBELLA APARTMENTS RAMAKRISHNA ROAD COX TOWN BANGALORE – 560 005. … COMPLAINANT
(BY Sri. THOMAS P T, ADV.)
AND :
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(BY M/S. SUNDARSWAMY AND RAMDAS, ADVS.)
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THIS C.C.C. IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT BY THE COMPLAINANT WITH A PRAYER TO ISSUE NOTICE TO THE ACCUSED/CONTEMNORS CALLING UPON THEM AS TO WHY CONTEMPT PROCEEDINGS SHOULD NOT BE INITIATED AGAINST THEM FOR HAVING WILLFULLY VIOLATED THE ORDER DATED 20.09.2013 PASSED IN W.P. No. 804/2010 AND ETC.
THIS C.C.C. COMING ON FOR ORDERS THIS DAY, N. KUMAR, J , PASSED THE FOLLOWING;
O R D E R
This contempt petition is filed complaining of
disobedience of the order passed by this Court on 20.09.2013 in
W.P. No. 804/2010.
the said order they have preferred a writ appeal in W.A. No. 6536/2013 and the appeal is admitted and the aforesaid order is
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stayed. In that view of the matter the contempt petition does not survive for consideration. Hence dismissed.
Sd/JUDGE.
Sd/JUDGE.
LRS.
2 issues framed by the court
Whether the contempt petition survives when the impugned order is stayed by a pending appeal.
Whether the dismissed appeal renders the complaint of disobedience of the order untenable.
1 provisions across 1 enactments
N. KUMAR
H. BILLAPPA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
