Petitioner filed a contempt petition for breach of an order. Due to disputed facts regarding possession of premises and pending execution proceedings, the High Court dropped the contempt proceedings to allow enforcement via execution application.
Proceedings dropped; liberty granted to apply for enforcement via execution proceedings.
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 DHARWAD BENCH
DATED THIS THE 23RD DAY OF NOVEMBER 2018
PRESENT
THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA
AND
THE HON’BLE MR. JUSTICE BELLUNKE A.S.
C.C.C.No.100355/2018 (Civil)
BETWEEN
DR. D.F. SIBGATULLAH, AGE: 65 YEARS, R/O SUSGUDI VILLAGE, BHATKAL, UTTARA KANNADA, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, ABDUL AZEEZ S/O ABDUL REHMAN, AGE 52 YEARS, R/O: BABSHA MOHALLA, GANGOLLI, KUNDAPUR TALUK, DIST: UDUPI.
..... COMPLAINANT
(BY SRI ANIL KALE, ADV.)
AND
ABDUL RAZAK MULLA, AGE: 75 YEARS, OCC: PRESIDENT, MAULANA ABDUL KALAM AZAD EDUCATINAL TRUST, R/O: DAMDA COMPLEX, BUNDER ROAD, TQ: BHATKAL, DIST: UTTARA KANNADA. (BY SRI R H ANGADI & P P JOSHI, ADVs.)
..... ACCUSED
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THIS CCC IS FILED UNDER SECTION 11 & 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING THIS HON'BLE COURT TO AWARD PUNISHMENT TO THE ACCUSED FOR BREACH AND DISOBEDIENCE OF THE ORDER DATED:26.02.2018 IN R.S.A.NO.100910/2017 VIDE ANNEXUER-E AND ETC.
THIS CCC COMING ON FOR ORDERS THIS DAY, B.V.NAGARATHNA J., MADE THE FOLLOWING:
ORDER
Complainant’s counsel has filed a memo. The
same is taken on record.
ORDER DATED 05.11.2018
“Sri. R.H. Angadi, learned counsel for the respondent/accused submits that he has filed vakalathnama today.
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Office to show his name as counsel for the accused.
Accused is also present in the court. Counsel for the accused submits that possession of five rooms have been handed over to the complainant before the Executing Court in EP No.44/2018 and to that effect an affidavit of the accused would also be filed by next date of hearing. The said fact is controverted by learned counsel for the complainant.
Learned counsel for the accused also submits that direction issued by this Court shall be complied with.
List on 16.11.2018 so as to enable the accused to file his affidavit.”
ORDER DATED 16.11.2018
“Learned counsel for the accused has filed an affidavit enclosing the memo and order sheet of the executing Court. He further submits that the vacant possession of room Nos.1 to 5 has been handed over to the complainant.
In response, complainant’s counsel submits that the possession of room No.1
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has not been handed over, it is still locked by the accused.
But, in view of the categorical submissions made by learned counsel for the accused that vacant possession of all the five rooms has been handed over to the complainant, complainant is at liberty to break open the lock, if any, in respect of room No.1 and to take vacant possession of the same and to submit a report in that regard by the next date of hearing.
List on 23r d November 2018.”
”This Hon’ble by an order dated 16.11.2018 has permitted the complainant to break open the lock and take vacant possession of Room No 1 and submit a report. Accordingly 22.11.2018 the son of the complainant and power of attorney holder have tried to take possession of the same at that time, one Shakeel S/o Razak Mulla son of the accused who was sitting in the room has obstructed and did not vacate the premises and further said that he is the owner of the property and order is not in his name and he will not
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vacate the premises. The said act was recorded in mobile and the same is copied to the DVD and to a pen drive same is produced along with this Memo. The said shakeel Mulla even inspite of the order being passed and being aware of the proceedings has willfully disobeyed and shown disrespect to the order of this Honb’e curt. Hence the complainant most respectfully prays to initiate the necessary proceedings against the accused as well as his son Shakeel Mulla residing at DMDA Complex, Bundur Road, Dist: Uttar Kannada.”
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liberty to the complainant to take all steps in accordance with law for the enforcement of judgment dated 26.02.2018 passed in R.S.A.No.100910/2017 in E.P.No.44/2018.
complainant files the requisite application for seeking enforcement of judgment and decree of this Court, the same shall be considered by the trial Court expeditiously in accordance with law.
SD/-
JUDGE
SD/JUDGE
Naa
2 issues framed by the court
Whether to award punishment for breach of an order regarding possession of rooms.
Whether to proceed with contempt proceedings when factual disputes on execution remain unsettled.
2 provisions across 2 enactments
DR. D.F. SIBGATULLAH
ABDUL RAZAK MULLA
B.V. NAGARATHNA
BELLUNKE A.S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
