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2025 DAILYLAW 12851 (KAR)

SRI. B. CHANDIRADHARA v. SRI VENKATESH

CCC/15/2024 · 2025-03-05

M I Arun, N V Anjaria Cj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9501-DB CCC No. 15 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.I.ARUN CCC NO. 15 OF 2024 (CIVIL) BETWEEN: 1. SRI B. CHANDIRADHARA S/O. P. K. BASAVARAJU AGED ABOUT 47 YEARS R/AT PINNENAHALLI VILLAGE CHELUR HOBLI GUBBI TALUK TUMAKURU DIST - 572 117. …COMPLAINANT (BY SRI ADAVEESHAIAH B., ADVOCATE) AND: 1. SRI VENKATESH S/O. LAKKANNA AGED ABOUT 44 YEARS R/AT NARAVANGALA AMANIKERE BELLAVI HOBLI TUMAKURU TALUK TUMAKURU DISTRICT - 572 107. …ACCUSED (BY SRI AJAY KUMAR M., ADVOCATE FOR SRI K. MURTHY, ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 10 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHERE IN HE PRAYS THAT THE HON'BLE COURT BE PLEASED TO INITIATE CONTEMPT PROCEEDINGS AND PUNISH THE ACCUSED FOR HAVING DELIBERATELY DISOBEYED THE JUDGMENT AND DECREE DATED 16.04.2018 IN R.A. NO.69/2016 PASSED BY THE Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:9501-DB CCC No. 15 of 2024 HON'BLE ADDL. SENIOR CIVIL JUDGE AT GUBBI VIDE ANNEXURE- A AND A-1 RESPECTIVELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Jurisdiction of this court under the Contempt of Courts Act, 1971 is invoked by the complainant represented by learned advocate Mr. B. Adaveeshaiah in respect of the judgment and order dated 16.04.2018 passed by the Court of Additional Senior Civil Judge, Gubbi in Regular Appeal No.69 of 2016. 2. The operative part of the order reads as under, "Appeal filed by the appellant/plaintiff under order 41 Rule 1 R/w Sec.96 of CPC is hereby allowed. Consequently, Judgment and decree passed in O.S. 118/2014 dated:18.07.2016 is hereby set aside. The respondents/defendants are hereby directed to execute and register the sale deed in favour of the plaintiff in respect of the suit schedule property within 2 months from the date of this order. - 3 - NC: 2025:KHC:9501-DB CCC No. 15 of 2024 The appellant/plaintiff is directed to deposit the balance sale consideration amount before the trial court within one month from today. If the respondents/defendants fail to execute the sale deed on specified time, the appellant/plaintiff is at liberty to approach the trial court for execution of sale deed and get it registered. Draw decree accordingly." 3. The aforesaid order, for its compliance, has to be executed by filing execution petition. Remedy of execution petition before the competent court is available to the complainant. 4. Since the remedy as above is available, the court is not inclined to exercise its jurisdiction under the Contempt of Courts Act, 1971. 5. The contempt petition is dismissed reserving liberty for the complainant to file execution petition in accordance with law. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE DDU/List No.: 1 Sl No.: 58