The Court declined to entertain a civil contempt petition alleging disobedience of an interim stay order passed by a Single Judge in pending writ proceedings, holding that contempt jurisdiction is not required to be exercised against interim orders while the main controversy is pending.
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:12860-DB CCC No. 31 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CIVIL CONTEMPT PETITION NO. 31 OF 2024
BETWEEN:
BOTH ARE R/AT NO.487, 6TH CROSS, WARD NO.51, KUVEMPUNAGAR, VIJINAPURA, BENGALURU-560 016.
…COMPLAINANTS
(BY SRI. ASHOK B PATIL.,ADVOCATE)
Digitally signed by CHETAN B C
Location: HIGH COURT OF KARNATAKA
AND:
SHRI. S.G. RAMACHANDRAN S/O LATE GOVINDASWAMY, AGED ABOUT 80 YEARS, R./AT NO.358, 2ND CROSS, 5TH HOUSE, 1ST FLOOR, BABUJEE STREET, JAYARAM REDDY LAYOUT, DURAVANI NAGAR, NEAR R.M. NAGAR, BENGALURU-560 016.
…ACCUSED
THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE
NC: 2024:KHC:12860-DB CCC No. 31 of 2024
CONTEMPT OF COURTS ACT, 1971, PRAYING TO I) SUMMON THE ACCUSED AND INITIATE THE PROCEEDINGS FOR PUNISHING HIM FOR COMMITTING CIVIL CONTEMPT OF COURT FOR THE WILLFUL DISOBEDIENCE OF THE INTERIM ORDER OF STAY DATED 06.02.2023, PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.2231/2023 (ANNEXURE-A).
THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Learned advocate Mr.Ashok B Patil for the complainant could
not dispute the factum that the order brought under contempt jurisdiction of this court is an interim order of learned Single Judge in the pending proceedings of the writ petition.
NC: 2024:KHC:12860-DB CCC No. 31 of 2024
Sd/CHIEF JUSTICE
Sd/-
JUDGE
cbc List No.: 1 Sl No.: 29
1 issue framed by the court
Whether civil contempt proceedings can be maintained for the alleged willful disobedience of an interim order passed in pending writ proceedings?
1 provisions across 1 enactments
N. V. ANJARIA
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
