Contempt petition filed for disobedience of an interim order maintains status quo. Court finds no case made out for civil contempt based on alleged interference in management rather than possession. Petition disposed of and notice discharged.
Contempt petition disposed of; notice issued earlier stands discharged.
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CCC 284/2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2020
PRESENT
THE HON’BLE MR. ABHAY S.OKA, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY
C.C.C.No.284/2020
BETWEEN:
JAMAITH-E-KHUDADAD HOSPITAL & RESEARCH CENTRE, BY ITS PRESIDENT SRI IQBAL AHMED, S/O H.SHAIK HUSSAIN, AGED ABOUT 67 YEARS, HAVING ITS REGISTERED OFFICE AT BIBI AYESHA MILLI HOSPITAL, NO.242, MYSORE-BANGALORE ROAD, BANNIMANTAP, MYSORE -570015. ..COMPLAINANT
(BY SRI SHRAVAN MADHAV.K.P. ADV., FOR SMT. IRFANA NAZEER, ADV.)
AND:
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BOARD OF AUQAFF, “DURAL AWKAF, #6, CUNNINGHAM ROAD, BANGALORE – 560052.
(RESPONDENT No.4 DELETED VIDE COURT ORDER DATED 09.07.2020)
(BY SRI KINAYA KULKARNI, ADV. FOR R-1; SMT. S.R.ANURADHA, ADV. FOR R-2; SRI SYED IMRAN, ADV. FOR R-3)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT READ WITH ARTICLE 215 OF THE INDIAN CONSTITUTION, PRAYING TO INITIATE CONTEMPT PROCEEDEINGS AGAINST THE ACCUSED/S FOR WILLFULLY AND DELIBERATELY DISOBEYING THE ORDER OF THIS HON’BLE COURT VIDE COURT ORDER DATED 03.01.2020, IN W.P.NO.53060/2019(ANNEXURE-J).
THIS CCC COMING ON FOR ORDERS, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
to take instructions.
dated 3rd January 2020 passed by the learned Single Judge
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directing the parties to Writ Petition No.53060/2019 to maintain status quo as regards the possession.
“Learned counsel for the complainant though made an effort to convince the Court that there is willful disobedience and breach of the order of the writ Court passed in W.P.No.53060/2019 dated 03.01.2020, we are not convinced in as much as the interference alleged with respect to the possession. However, the learned counsel for the complainant submits that keeping alive this contempt petition she may be permitted to seek clarification of the order dated 03.01.2020 passed in W.P.No.53060/2019.”
order has been modified. Even assuming that the interim order is
CCC 284/2020
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modified and there is a breach committed on the modified interim order, there is no reason to keep this petition pending. Suffice to state that no case is made out to initiate action for civil contempt on the basis of the allegations made in this contempt petition. The petition is accordingly disposed of. The notice issued earlier shall stand discharged.
Sd/CHIEF JUSTICE
Sd/JUDGE
KK
2 issues framed by the court
Whether the case of civil contempt is made out based on allegations of disobedience to the interim order dated 03.01.2020.
Whether the findings of the Single Judge regarding potential breach of the status quo necessitate continuation of contempt proceedings.
2 provisions across 2 enactments
Sri Hidayathulla Sharief
Sri Sarfraz Khan
Sri Arif Mekhri
Abhay S. Oka
S. Vishvajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
