The High Court dropped Civil Contempt Proceedings under Sections 11 and 12 of the Contempt of Courts Act, 1971, after being informed that a Stay Application against the impugned order was admitted and stayed the original order. The court reserved liberty to file a fresh petition later.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2022
PRESENT
THE HON’BLE MR. JUSTICE B.VEERAPPA
AND
THE HON’BLE MRS. JUSTICE K.S.HEMALEKHA
C.C.C. No.388/2020 (CIVIL)
BETWEEN:
MR. GUNAPAL ATHIKARI S/O LATE CHANDRAVATHI AGED 68 YEARS, KADAMBILA MOKODI VILLAGE BELTHANGADY TQ D K DISTRICT-574220.
...COMPLAINANT
(BY SRI. N SUKUMAR JAIN, ADVOCATE)
AND:
SINDU B. RUPESH MAJOR DEPUTY COMMISSIIONER MANGALURU D.K. DIST – 575001.
... ACCUSED
(BY SRI. K.S.ARUN, HCGP)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON BLE HIGH COURT BE PLEASED TO TRY THE ACCUSED FOR NOT OBEYING/
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COMPLYING THE ORDER DATED 22.02.2019 PASSED IN W.P.NO.23608/2018 BY THIS HON’BLE COURT MARKED AS ANNEXURE-C EVEN AFTER EXPIRY OF THE PERIOD FIXED BY THIS HON’BLE COURT AND TO PASS SUCH ORDERS AS THIS HON’BLE COURT MAY BE PLEASED TO DEEM FIT IN THE CIRCUMSTANCES OF THE CASE INCLUDING THE COST OF THIS PROCEEDINGS.
THIS CCC COMING ON FOR ORDERS, THIS DAY, B.VEERAPPA J ., PASSED THE FOLLOWING:
O R D E R
The present contempt petition is filed by the complainant to take action against the accused under the provisions of Sections 11 and 12 of the Contempt of Courts Act for willful disobedience of the order dated 22.02.2019 passed by the learned Single Judge made in W.P. No.23608/2018.
against the order passed by the learned Single Judge, State has filed W.A. No.107/2022 and the Co-Ordinate Bench of this Court has stayed the order dated 22.02.2019 passed by the learned Single Judge.
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complainant has not disputed the said fact.
ORDER
The Civil Contempt Proceedings are hereby
dropped . However liberty is reserved to the complainant to file a fresh contempt petition in accordance with law, if so advised.
Sd/JUDGE
Sd/JUDGE
MBM
1 issue framed by the court
Whether Civil Contempt Proceedings should be dropped in view of the stay on the impugned order under challenge.
MR. GUNAPAL ATHIKARI
SINDU B. RUPESH
B. VEERAPPA
K.S.HEMALEKHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
