The Court declined to initiate contempt proceedings against the accused as the impugned order dated 27.01.2020 was stayed by the Single Judge. The petition was disposed of
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2020
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY
CCC NO.414/2020 (CIVIL)
BETWEEN :
1 . SRI VEERABHADRA TEMPLE MAIN ROAD MOODBIDRE - 574 227 REPRESENTED BY ITS MANAGING TRUSTEE SRI GURU PRASAD S/O LATE S. RAMESH RAO AGED ABOUT 41 YEARS
(BY SRI SUYOG HERELE, ADVOCATE)
AND :
… ACCUSED
(BY SRI K. CHANDRANATH ARIGA, ADVOCATE FOR A-3; CONTEMPT PROCEEDINGS AGAINST A-1 & A-2 DROPPED VIDE ORDER DATED 16.10.2020; A-4 & A-5 ARE SERVED)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT BY THE COMPLAINANT PRAYING THIS COURT TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR WILLFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS COURT DATED 27.01.2020 IN W.P.NO.873/2020 VIDE ANNEXURE-B.
THIS CCC COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The breach alleged is of the order dated 27th January 2020 in W.P.No.873/2020. Now the third accused has filed a statement of objections enclosing therewith an order of the learned Single Judge dated 29th September 2020 by which, the order dated 27th January 2020 has been stayed. Hence, as of today, no case is made out to initiate action under the Contempt of Courts Act, 1971. In the event, the stay is vacated and even thereafter there is no compliance, it will be always
open for the complainants to either file a fresh contempt
petition or to apply for revival of this contempt petition.
2. Subject to what is observed above, this petition is
disposed of.
Sd/CHIEF JUSTICE
Sd/JUDGE
bkv
2 issues framed by the court
Whether the contempt petition could be proceeded with given the stay order on the impugned judgment by the Single Judge
Whether the accused had willfully disobeyed the order dated 27.01.2020
Sri Guru Prasad
The Chief Officer Town Municipal Council
Abhay S. Oka
S. Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
