Criminal contempt complaint for alleged violation of an injunction decree in O.S.No.138/2020. Since a Misc.No.09/2021 under Order 9 Rule 13 read with Section 151 CPC seeking to set aside the decree was pending, the contempt proceedings did not survive and were dropped as devoid of merits.
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.
NC: 2024:KHC:12161-DB CCC No. 113 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
CCC NO. 113 OF 2022
BETWEEN:
SRI S LOKESH PRABHU S/O LATE R G SHANKAR AGED 51 YEARS R/AT NO 310, 3RD BLOCK 59TH CROSS, RAJAJINAGAR BENGALURU 560010.
…COMPLAINANT
(BY SRI. JAGANNATHAN P - ADVOCATE)
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
AND:
BOTH ARE R/AT 17/2 5TH MAIN ROAD, 24TH CROSS BHUVANESHWARI NAGAR K P AGRAHARA, MAGADI ROAD BANGALORE.
…ACCUSED
THIS CCC IS FILED UNDER SECTIONS 12(1) AND 15(1)(B) OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, PRAYING TO TAKE COGNIZANCE OF THE CRIMINAL CONTEMPT AGAINST THE ACCUSED PERSONS ON THE INFORMATION DISCLOSED AT PARA NO.10 IN THE PRESENT COMPLAINT, THE ACCUSED PERSONS ON 10.02.2021, VIOLATING THE INJUNCTION ORDER AND JUDGMENT AND DECREE DATED 23.02.2021 IN O.S. NO.138/2020 ON THE FILE OF SENIOR CIVIL JUDGE AND CJM AT CHAMARAJANAGAR AND PUNISH THE ACCUSED PERSONS FOR CRIMINAL CONTEMPT OF COURT WITH IMPRISONMENT AND FINE U/S 12(1) AND 15(1)(B) OF THE CONTEMPT OF COURTS ACT, 1971.
THIS CCC, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., MADE THE FOLLOWING:
ORDER
Learned counsel Sri Jagannathan P for the
complainant is present before the Court physically.
of the suit schedule properties bearing Sy.No.210 and Sy.No.211 situated at Kesturu Village, Agara Hobli, Yellandur Taluk, Chamarajanagara District. The same is depicted in the judgment and decree rendered by the Court below. It is also submitted that subsequent to
rendering of the judgment and decree in
O.S.No.138/2020, the proceedings in Misc.No.09/2021 has
been initiated under Order 9 Rule 13 r/w Section 151 of CPC seeking to set-aside the judgment and decree rendered by the Court below.
Sd/JUDGE
Sd/JUDGE
DKB
2 provisions across 2 enactments
SRI S LOKESH PRABHU
SMT CHANDRAMMA
SRI S MAHESH
K. SOMASHEKAR
RAJESH RAI K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
