Dismissed¶42

Sri S N Mahesh v. Sri Chikkanna M G

Karnataka HC7 Feb 2025CCC/1402/2024

Case brief

AI extract

What is this about?

CCC 1402/2024 Karnataka HC civil contempt dismissed; alleged violation of Karnataka Appellate Tribunal interim order dt. 09.10.2023 in Rev. Petition 91/2023; Section 20 Contempt of Courts Act one-year bar (filed 19.12.2024); interim order does not crystallize rights - contempt jurisdiction not exercisable; complainant directed to pursue remedies where proceedings pending; Anjaria CJ / Arun J.

What did the court decide?

The contempt petition was filed on 19.12.2024, i.e. after one year from the order dated 09.10.2023, thereby attracting the bar under Section 20 of the Contempt of Courts Act, 1971; on this count the contempt jurisdiction is not liable to be exercised. ¶36

Sri S N Mahesh Vs Sri Chikkanna M G — Contempt of Court | Karnataka HC (2025)

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NC: 2025:KHC:5668-DB CCC No. 1402 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^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. 1402 OF 2024

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BETWEEN:

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SRI S.N. MAHESH

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S/O LATE SRI VENKATESHAIAH AGED ABOUT 47 YEARS

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C/O. NATARAJAPPA NO.5, 24TH BLOCK PARASHAKTHI ROAD NEAR SHAKTHINAGARA PARK MYSURU-570 029.

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

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(BY SRI K.R. LINGARAJU, ADVOCATE)

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AND:

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…COMPLAINANT

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SRI CHIKKANNA M.G.

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AGED ABOUT 54 YEARS

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THE ASSISTANT DIRECTOR OF LAND RECORDS NAZARBAD, MINI VIDHANA SOUDHA MYSURU-570 010.

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J.M. VISHWANATH S/O LATE B. MALLARADHYA

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NC: 2025:KHC:5668-DB CCC No. 1402 of 2024

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NO.216, HUDCO, IST FLOOR NEW KANTHARAJA URS ROAD KUVEMPUNAGAR MYSURU-570 023.

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…ACCUSED

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THE STATE OF KARNATAKA REVENUE DEPARTMENT REP. BY ITS SECRETARY MULTISTORE BUILDING BENGALURU-560 001.

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... PROFORMA RESPONDENT

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(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR ACCUSED NOS.1 & 3)

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THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 10 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR VIOLATING THE INTERIM ORDER PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN REV. PETITION NO.91/2023 DATED 09.10.2023 UNDER SECTIONS 10 AND 12 OF CONTEMPT ACT, ETC.

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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 HON'BLE MR JUSTICE M.I.ARUN

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NC: 2025:KHC:5668-DB CCC No. 1402 of 2024

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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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Heard learned advocate Mr. K.R.Lingaraju for the complainant and learned Government Advocate Mr. K.S. Harish for the respondent Nos.1 and 3.

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The contempt is alleged in respect of the order dated 09.10.2023 passed by the Karnataka Appellate Tribunal.

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On a bare perusal of the order it becomes clear that the order was passed on 09.10.2023 and the contempt petition was filed on 19.12.2024 which was after one year, attracting the bar under Section 20 of the Contempt of Courts Act, 1971. Furtherance, by very nature of the order which is admittedly an interim order, the same does not crystallize the rights of the parties finally.

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3.1. It is open for the complainant to work out his rights and remedies before the Court where the current proceedings are pending.

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NC: 2025:KHC:5668-DB CCC No. 1402 of 2024

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