A civil contempt petition alleging breach of an interim status quo order was not entertained; the Court declined to exercise Contempt of Courts Act jurisdiction and directed the petitioners to pursue remedies before the learned Single Judge.
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NC: 2024:KHC:39039-DB CCC No.603 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.603 OF 2024
BETWEEN:
Digitally signed by AMBIKA H B Location: High Court of Karnataka
…COMPLAINANTS
(BY SRI. MITHUN G A. ADV.,)
AND:
SRI. FRANKLYN ABRAHAM S/O SRI. ABRAHAM MATHEW AGED ABOUT 62 YEARS R/OF E-304, MANTHRI PARADISE BANNERGHATTA ROAD BANGALORE 560096.
…ACCUSED
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO PUNISH THE ACCUSED FOR THE OFFENCES COMMITTED BY THE ACCUSED, SECURING THE PRESENCE OF THE ACCUSED IN PERSON, FOR VIOLATION OF THE SAID MODIFIED ORDER DATED 19.12.2023 TO MAINTAIN STATUS QUO UNTIL FURTHER ORDERS PASSED BY THE HONBLE HIGH COURT IN MFA NO.2017/2023, WHICH IS PUNISHABLE UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, AND TO DECLARE THE GIFT DEEDS DATED 19.03.2024 EXECUTED BY ACCUSED AS NULL AND VOID.
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
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 19.12.2023 whereby the parties were directed to maintain status quo until further orders.
stage. The Court is, therefore, not inclined to entertain
the present contempt petition and not inclined to exercise
the jurisdiction under the Contempt of Courts Act, 1971.
before the learned Single Judge where the parent proceedings of the petitioner are pending, by raising all the contentions, seeking review.
Sd/(N. V. ANJARIA) CHIEF JUSTICE
Sd/(K V ARAVIND) JUDGE
RV
List No.: 1 Sl No.: 4
1 issue framed by the court
Whether contempt proceedings can be entertained for alleged violation of an interim status quo order of the Single Judge.
1 provisions across 1 enactments
Saiven Developers and Constructions Private Limited
Mr. Darshan Krishna Reddy Sudha
Sri. Franklyn Abraham
N. V. Anjaria
K.V. Aravind
As recorded by the court registry
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