Disposed

Sri. Lokesha v. Sri. K. R. Mohan Raju

Karnataka HC9 Aug 2021CCC/312/2021

Case brief

AI extract

What is this about?

In a contempt petition filed for willful disobedience of an order dated 10.07.2020 regarding registration of a decree, the Court held that due to gross delay and belated compliance, the contempt petition was disposed of. Concurrently, costs of Rs. 20,000 were directed to be paid by the State Government.

What did the court decide?

Recovery of costs quantified at Rs. 20,000/- from the Respondent-State Government to be paid to the complainant.

Sri. Lokesha Vs Sri. K. R. Mohan Raju — Contempt of Court | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF AUGUST, 2021

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PRESENT

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THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

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CCC NO.312 OF 2021 (CIVIL)

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BETWEEN:

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SRI. LOKESHA, AGED ABOUT 32 YEARS, S/O LATE SRINIVASE GOWDA, BOLANAHALLY VILLAGE, BILIKERE HOBLI, HUNSUR TALUK, MYSORE - 577 005. ... COMPLAINANT (BY SRI. VISHWANATH.A. FOR SRI. B.S.NAGARAJ, ADVOCATE)

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... COMPLAINANT

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AND:

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SRI. K.R.MOHAN RAJU, THE COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION, 8^TH FLOOR, KANDAYA BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560 001.

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SMT. VIJAYALAKSHMI.R.INAMDAR, THE DISTRICT REGISTRAR OF REGISTRATION AND DEPUTY, COMMISSIONER OF REGISTRATION, MYSURU DISTRICT, MYSURU - 570 001.

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SRI. JAGADISH, THE SUB-REGISTRAR, HUNSUR, HUNSUR TALUK, MYSURU DISTRICT - 571 602.

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… ACCUSED

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU - 560 001.

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…PRO FORMA RESPONDENT

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(BY SRI. KIRAN KUMAR, HCGP FOR A-1 TO A-3 AND R-4)

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THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971 READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED PERSONS AND PUNISH THE ACCUSED PERSONS UNDER THE CONTEMPT OF COURTS ACT, 191, FOR WILLFUL DISOBEDIENCE OF THE ORDER DATED 10.07.2020 PASSED BY THIS HON'BLE COURT IN W.P.No.7441/2020(GM-ST/RN) COPY AT ANNEXURE-B.

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THIS CCC COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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There is an affidavit filed by Sri.A.C.Jagadish, Sub-Registrar, Hunsur Taluk, Mysuru District who is the accused No.3. The affidavit records that in terms of the directions contained in the order dated 10^th July, 2020, the

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decree had been registered on 6^th August, 2021. In the order dated 20^th July, 2021, it was noted that the decree was being registered subject to outcome of the Special Leave Petition No.8183/2021 which is pending before the Apex Court.

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The direction issued under the judgment and order dated 10^th July, 2020 was to the accused No.3 to

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register the decree passed by the Civil Court on 22^nd April, 2018. Notwithstanding the representations made by the complainant, the decree was not registered. An appeal was preferred by the State Government against the order dated 10^th July, 2020 which was dismissed on 23^rd February, 2021.

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Admittedly, there was no interim relief granted

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during the pendency of the appeal. Now the Special Leave Petition has been preferred by the State Government against both the orders in which there is no interim relief.

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Considering the gross delay in complying with

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the order dated 10^th July, 2020, the State Government will have to be saddled with the costs quantified at Rs.20,000/-. Accordingly, we pass the following;

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ORDER

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(i) In view of the belated compliance, the

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contempt petition is disposed of;

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(ii) We direct the respondent - State of Karnataka to pay the costs quantified at Rs.20,000/- to the complainant within a period of one month from today;

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(iii) Though the petition is disposed of, for reporting the compliance regarding payment of costs, the same shall be listed on 16^th September, 2021.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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Sri. Lokesha v. Sri. K. R. Mohan Raju

Case brief

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Sri. Lokesha v. Sri. K. R. Mohan Raju

Case brief

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What the court decided

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