Dismissed

Sri H T Prashanth v. Dr H R Mahadev

Karnataka HC6 Jan 2021CCC/800/2020

Case brief

AI extract

What is this about?

Petitioners filed a contempt petition alleging violation of a perpetual injunction decree. The High Court held that contempt jurisdiction is discretionary and an efficacious remedy of execution under Order XXI Rule 32 CPC existed for the alleged breach. Consequently, the petition was declined to be entertained.

What did the court decide?

Petition for contempt proceedings declined to be entertained and disposed of.

Sri H T Prashanth Vs Dr H R Mahadev — 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 6^TH DAY OF JANUARY, 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 SACHIN SHANKAR MAGADUM

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C.C.C NO. 800 OF 2020 (CIVIL)

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BETWEEN

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1 . SRI H.T. PRASHANTH S/O LATE THORIAPPA AGED ABOUT 39 YEARS R/O NO.89, 1^ST FLOOR 5^TH B MAIN ROAD VIJAY NAGAR, 2^ND STAGE BANGALORE - 560 141 NOW R/AT 24, 1^ST FLOOR 3^RD A CROSS, 5^TH BLOCK NAGARBHAVI 2^ND STAGE BANGALORE - 560 072

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2 . SMT. NANDINI S N W/O H.T. PRASHANTH AGED ABOUT 30 YEARS R/O NO.89, 1^ST FLOOR 5^TH B MAIN ROAD VIJAY NAGAR, 2^ND STAGE BANGALORE - 560 141 NOW RESIDING AT: # 24, 1^ST FLOOR, 3^RD A CROSS, 5^TH BLOCK, NAGARBHAVI 2^ND STAGE, BANGALORE - 560 072

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...COMPLAINANTS

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(BY SRI BALAJI RAGHUNATHAN, ADVOCATE [ABSENT])

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AND

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1 . DR. H.R. MAHADEV COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU - 560 020.

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2 . MR. MANJUNATH PRASAD THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE N.R.CHOWK, CORPORATION CIRCLE HUDSON CIRCLE BENGALURU - 560 020.

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…ACCUSED

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THIS C.C.C. IS FILED UNDER SECTIONS 10 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED PERSONS AND TO PUNISH THE ACCUSED PERSONS FOR THE OFFENCE PUNISHABLE FOR WILLFULL DISOBEDIENCE OF THE JUDGMENT AND DECREE DATED 30.07.2016 PASSED IN O.S. No.3787/2014 BY THE HON’BLE XL ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU AND FURTHER BE PLEASED TO PASS ANY OTHER ORDER THAT THIS HON’BLE COURT MAY DEEM FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THIS CASE.

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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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The counsel for the complainants is not present.

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2. The breach alleged is of a decree for perpetual

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injunction passed by the Civil Court.

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3. A proceeding for the contempt under the Contempt

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of Courts Act, 1971 is always a matter between the Court and the contemnor/accused. In this case, if according to the case of the complainants, there is a violation committed of the decree of perpetual injunction, the complainants have a remedy of executing the decree by invoking sub-rule (1) of Rule 32 of Order XXI of the Code of Civil Procedure, 1908.

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The contempt jurisdiction is always discretionary. In view of availability of efficacious remedy, we decline to entertain the contempt petition and the same is accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/JUDGE

Sri H T Prashanth v. Dr H R Mahadev

Case brief

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Sri H T Prashanth v. Dr H R Mahadev

Case brief

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