Dismissed¶38

Smt M R Indreshree v. Sri v H Mahesha

Contempt of Courts Act, 1971 – Civil contempt

Karnataka HC6 Feb 2025CCC/1193/2024

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What is this about?

CCC No. 1193 of 2024, High Court of Karnataka at Bengaluru (Division Bench: Chief Justice N. V. Anjaria and Justice M.I. Arun), decided 06.02.2025. Civil contempt petition by three complainants against KIADB Secretary and two others for alleged wilful disobedience of interim order dated 06.08.2024 in W.P.No.21037/2024; dismissed because a final order was passed on 10.01.2025 and interim orders, not determining parties' rights, are not amenable to contempt jurisdiction. Keywords: civil contempt, interim order, final order, Contempt of Courts Act 1971, KIADB, Karnataka.

What did the court decide?

The rights and obligations of the parties shall be governed by the final order passed in the proceedings. ¶32

Smt M R Indreshree Vs Sri v H Mahesha — Contempt of Court | Karnataka HC (2025)

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1 - NC: 2025:KHC:5346-DB CCC No. 1193 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2025

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PRESENT

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THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE M.I.ARUN CIVIL CONTEMPT PETITION NO. 1193 OF 2024

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BETWEEN:

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SMT. M.R.INDRESHREE D/O LATE M. RAMAIAH AGED ABOUT 51 YEARS NO.591, 3^RD CROSS MAHALAKSHMIPURAM BENGALURU - 560 086.

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Digitally signed by H K HEMA Location: High Court of Karnataka

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SMT. M.R.GAYATHRI W/O SRI. SHANKARNARAYA AGED ABOUT 57 YEARS 40, 2^ND G ROAD, 3^RD CROSS SURABHI NAGAR JAMBUSAVARI DINNE JP NAGAR 8^TH PHASE BANGALORE SOUTH BANGALORE - 560 076.

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SMT. M.R.PADMAVATHI W/O SRI. SHANKAR RAJU J.S. AGED ABOUT 55 YEARS 2^ND MAIN, 1^ST CROSS ANJANI EXTENSION CHINTAMANI-563 125.

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…COMPLAINANTS

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(BY SRI. NANDA KISHORE, ADVOCATE)

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2 - NC: 2025:KHC:5346-DB CCC No. 1193 of 2024

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AND:

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SRI. V.H. MAHESHA SECRETARY-1 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (KIADB) 49, KHANIJA BHAVAN 5^TH FLOOR, RACE COURSE RD HIGH GROUNDS, SAMPANGI RAMA NAGAR BENGALURU, KARNATAKA 560 001.

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SRI. M.R. SRINIVAS S/O SRI M. RAMAIAH AGED ABOUT 62 YEARS NO.81, FLAT NO.402 NANDA DEEPA, DOLLARS SCHEME LAYOUT NANDINI LAYOUT, BENGALURU - 560 096.

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SRI. M.R. PRAKASH S/O SRI. M. RAMAIAH AGED ABOUT 53 YEARS NO.591, 3^RD CROSS MAHALAKSHMIPURAM BENGALURU - 560 086.

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…ACCUSED

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STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE VIKASASOUDHA BANGALORE -560 001.

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...PROFORMA RESPONDENT

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(BY SRI. B.B.PATIL, ADVOCATE FOR R1; SMT. PRAMODHINI KISHAN AGA FOR R4)

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THIS CCC IS FILED UNDER CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE PROCEEDINGS OF CONTEMPT AGAINST THE ACCUSED FOR BLATANT AND WILFUL DISOBEDIENCE OF THE INTERIM ORDER DATED

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3 - NC: 2025:KHC:5346-DB CCC No. 1193 of 2024

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06.08.2024 PASSED BY THIS HON'BLE COURT IN W.P.NO.21037/2024 PRODUCED AS ANNEXURE-A HEREIN AND PUNISH THEM FOR THE SAME.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and

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HON'BLE MR JUSTICE M.I.ARUN

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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Not only that the order brought under the contempt jurisdiction invoking the provisions of Contempt of Courts Act, 1971, is admittedly an interim order, it was stated in course of the hearing of the present petition by learned advocate Mr. B.B. Patil for respondent No.1 that the final order is also passed in the proceedings on 10.01.2025.

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It goes without saying that the rights and obligations of the parties shall be governed by the final order which is passed. In any view, the interim orders not to be amenable to the contempt jurisdiction for it did not determine any rights of the parties.

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NC: 2025:KHC:5346-DB CCC No. 1193 of 2024

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