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2025 DAILYLAW 11654 (KAR)

KHAJASAB v. ABBASALI AND ORS

CCC/200223/2024 · 2025-02-20

Rajesh Rai K, S Sunil Dutt Yadav

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-K:1163-DB CCC No.200223 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE RAJESH RAI K CIVIL CONTEMPT PETITION NO.200223 OF 2024 BETWEEN: KHAJASAB S/O DAVALSAB KANNI, AGED ABOUT 56 YEARS, OCC: AGRICULTURE, R/O: MORATAGI, TQ: ALMEL, DIST: VIJAYAPUR. …COMPLAINANT (BY SRI I.R.BIRADAR, ADVOCATE) AND: 1. ABBASALI S/O DAVALSAB KANNI, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: MORATAGI, TQ: ALMEL, DIST: VIJAYAPUR – 586 101. 2. SRI D.HULIGEPPA, C.P.I., SINDAGI, DIST: VIJAYAPUR – 586 101. 3. SRI BHEEMAPPA RABKAI, P.S.I., SINDAGI TOWN POLICE STATION, TQ: SINDAGI, DIST: VIJAYAPUR – 586 101. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1163-DB CCC No.200223 of 2024 …ACCUSED / RESPONDENTS (BY SRI BASAVAKIRAN G.R., ADVOCATE FOR R1; SRI MALLIKARJUN C. BASAREDDY, G.A. FOR R2 AND R3) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF THE COURT ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED / PERSONS NO.1 TO 3 AND TO PUNISH THEM IN ACCORDANCE WITH LAW FOR HAVING DISOBEYED THE ORDER DATED 11.09.2023 ON I.A.NO.II UNDER ORDER 39 RULE 1 AND 2 OF CPC AND ORDER DATED 29.05.2024 ON I.A.NO.I FILED UNDER SECTION 151 OF CPC IN CIVIL MISC.NO.6/2023, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CCC COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) Perused the affidavit dated 18.02.2025 filed by the Circle Inspector of Police as also the pleadings on record. Matter has raised several disputed questions and rights of third party as well. Accordingly, it would not be appropriate to continue the proceedings. We are prima facie satisfied with the steps taken by the accused. Accordingly, proceedings are dropped. However, we reserve liberty to the complainant to have his grievance - 3 - NC: 2025:KHC-K:1163-DB CCC No.200223 of 2024 redressed by appropriate proceedings in the pending FDP No.33/2023 pending on the file of the Civil Judge and JMFC, Sindagi, if circumstances are so made out and complainant is advised to take such course of action. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (RAJESH RAI K) JUDGE SWK List No.: 1 Sl No.: 13 CT-VK