Single Judge of Karnataka High Court dismissed the filed Civil Contempt Petition. The Complainant sought approval to withdraw the petition regarding non-implementation of an order in W.P. No.5770/2021. The Court permitted withdrawal and dismissed the petition on that ground.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF OCTOBER, 2022
PRESENT
THE HON’BLE MR. JUSTICE B.VEERAPPA
AND
THE HON’BLE MRS. JUSTICE K.S.HEMALEKHA
C.C.C. NO.615/2021 (CIVIL)
BETWEEN:
SRI M R MADHUSUDHAN S/O SRI M.D.RAMANARAYAN, AGED ABOUT 32 YEARS, R/AT NO.7, SANTHUSAPET NOW R/AT NO.657, 11TH CROSS, 7TH BLOCK, JAYANAGARA(WEST), BANGALORE-560082.
...COMPLAINANT
(BY SRI.KESHAVA BHAT A, ADVOCATE)
AND:
R MAHENDRAN AGED ABOUT 50 YEARS, S/O G.RAJAVELU, R/AT NO.27-H/A, 2ND CROSS, MAGADI ROAD, BANGALORE-560023. PROPRIETOR OF M/S SRI.CHARAN ENGINEERING WORKS NO.81/B-2, AEROPLANE MANSION, MAGADI MAIN ROAD, BANGALORE-560023.
…ACCUSED
(BY SRI.VARADARAJ.R.HAVALADAR, ADVOCATE)
THIS CCC IS FILED UNDER ARTICLE 215 OF CONSTITUTION OF INDIA R/W SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT WHEREIN HE PRAYS TO PUNISHED FOR NOT IMPLEMENTING THE ORDER OF THIS HON'BLE COURT DATED 23.03.2021 IN W.P.NO.5770/2021 (GM-CPC).
THIS CCC COMING ON FOR ORDERS, THIS DAY, B.VEERAPPA J ., PASSED THE FOLLOWING:
O R D E R
The complainant has filed the present Civil Contempt Petition against the accused to take action under the provisions of Sections 11 and 12 of the Contempt of Courts Act for willful disobedience of the order dated 23.03.2021 passed by the learned Single Judge in W.P. No.5770/2021, wherein the learned Single Judge rejected the writ petition filed by the petitioner/accused and petitioner was granted a period of three months to deposit arrears amount of rent in terms of the impugned order in the Court below in terms of the undertaking.
the complainant submits that in view of subsequent developments, the present contempt petition would not survive for consideration and seeks permission to withdraw the petition and also filed memo to that effect.
record.
petition is dismissed as withdrawn.
Sd/JUDGE
Sd/JUDGE
MBM
2 issues framed by the court
Whether to allow withdrawal and dismissal of civil contempt petition for non-implementation of prior view order.
Whether to grant prayer for punishment for willful disobedience.
2 provisions across 2 enactments
SRI M R MADHUSUDHAN
R MAHENDRAN
B.VEERAPPA
K.S.HEMALEKHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
