The Court declined to exercise contempt jurisdiction for willful disobedience of an interim order that explicitly reserved liberty for the respondent to seek its modification or vacation. The petition was disposed of as not entertained, directing parties to pursue remedies before the Single Judge.
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NC: 2024:KHC:19088-DB CCC No. 119 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
CIVIL CONTEMPT PETITION No. 119 OF 2022
BETWEEN:
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
RESIDING AT FLAT No.103, 1ST FLOOR, PERFECTA CLASSICA, No.46, SAJJAN RAO ROAD, VISHWESHWARA PURAM, BANGALORE-560004.
…COMPLAINANTS
(BY SRI V. B. RAVISHANKAR, ADVOCATE)
AND:
…ACCUSED
(BY SRI. GANGADHARA AITHAL S., ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA BY THE COMPLAINANT, PRAYING TO HOLD THE ACCUSED HEREIN GUILTY OF CONTEMPT OF COURT FOR WILLFUL DISOBEDIENCE OF THE INTERIM ORDER DATED 01.07.2021 IN MFA No.2655/2021 PASSED BY THIS HON’BLE COURT (ANNEXURE-A) AND PUNISH THE ACCUSED WITH IMPRISONMENT OF SIX MONTHS IN ACCORDANCE WITH LAW.
THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The order dated 01.07.2021 brought under the contempt
jurisdiction is interim order, which reads as under,
“Emergent notice to the respondent returnable by 20.07.2021. Also permitted to serve on learned counsel for respondent in the trial Court. In the meanwhile, the respondent is directed not to put up further construction in the First Floor of the ‘C’ schedule property till next date of hearing.
NC: 2024:KHC:19088-DB CCC No. 119 of 2022
Liberty is reserved in favour of the respondent to seek modification/vacation of this order.”
rights of the parties finally, liberty has been reserved for the respondent to seek modification or vacation of the said order.
before learned Single judge in accordance with law.
Sd/CHIEF JUSTICE
Sd/-
JUDGE
MV List No.: 1 Sl No.: 22
1 issue framed by the court
Whether the accused committed contempt by disobeying an interim order permitting modification?
2 provisions across 2 enactments
N. V. Anjaria
K. V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
