A civil contempt petition alleging disobedience of an interim status quo order in a pending writ petition was not entertained; the court held no rights crystallised under an interim order and relegated the petitioner to the Single Judge.
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NC: 2024:KHC:39041-DB CCC No.439 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2024 PRESENT
THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K.V. ARAVIND CIVIL CONTEMPT PETITION NO.439 OF 2024
BETWEEN:
SRI. A.M. SHOAIB S/O MOHAMMED SAYEED ARIHOLE AGED ABOUT 48 YEARS R/AT NEW COLONY POST SHIRURU, KUNDAPURA TALUK UDAPI DISTRICT 576228.
Digitally signed by AMBIKA H B Location: High Court of Karnataka
REP. BY HIS GPA HOLDER SMT. VIMALA VISHWANATH W/O K. VISHWANATH KUMAR AGED ABOUT 55 YEARS R/AT NO.59/13, 59TH B CROSS RAJAJINAGAR, 4TH N BLOCK BANGALORE 560010.
PRESENTLY R/AT NO 9/A, 4TH MAIN SINGAPURA GARDEN LAKSHMIPURA MAIN ROAD SINGAPURA, BANGALORE 560097
…COMPLAINANT
(BY SRI. SHIVAKUMAR V, ADV.,)
AND:
AGED ABOUT 41 YEARS R/AT No.356, 1ST CROSS NEAR YELLAMMA TEMPLE GOTTIGERE, B G ROAD BANGALORE 560083.
RESPONDENTS No.2 & 3 ARE R/AT 48/A, 3RD FLOOR SWAGATH MAIN ROAD 38TH CROSS NEAR AMBEDKAR STATUTE BTA AREA, 4TH T BLOCK JAYANAGAR, BANGALORE 560041.
…ACCUSED
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURT ACT, PRAYING TO TAKEN COGNIZANCE AGAINST THE ACCUSED FOR COMMITTING AN ACT OF CONTEMPT OF COURT ACT IN DISOBEYING THE INTERIM ORDER DATED 10.01.2024 IN WP NO.983/2024 AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N.V. ANJARIA and HON'BLE MR. JUSTICE K.V. ARAVIND
NC: 2024:KHC:39041-DB CCC No.439 of 2024
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N.V. ANJARIA )
The present contempt petition is directed against the
interim order passed by the learned Single Judge dated 10.01.2024 whereby the parties were directed to maintain status quo in respect of suit properties till the next date of hearing.
NC: 2024:KHC:39041-DB CCC No.439 of 2024
opinion on merits.
Sd/(N. V. ANJARIA) CHIEF JUSTICE
Sd/(K.V. ARAVIND) JUDGE
RV
List No.: 1 Sl No.: 3
1 issue framed by the court
Should contempt proceedings be entertained for alleged breach of an interim status quo order dated 10.01.2024 in WP No.983/2024?
2 provisions across 1 enactments
Sri. A.M. Shoaib (rep. by GPA holder Smt. Vimala Vishwanath)
Sri. Ganesh
Sri. Babu Mohammed Afroz
Smt. Tabasum Banu
N.V. Anjaria
K.V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
