- 1 - NC: 2025:KHC:16248-DB CCC No. 39 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND CIVIL CONTEMPT PETITION No. 39 OF 2024 BETWEEN: 1. RAJPUT SAMAJ (KARNATAKA), (A SOCIETY REGISTERED UNDER THE PROVISIONS OF SOCIETIES, REGISTRATION ACT), REPRESENTED BY ITS PRESIDENT MR. MANOHAR SINGH RATHORE, S/O LATE SHARDUL SINGH, AGED ABOUT 45 YEARS, OFFICE AT No.21, M. BYRAPPA LANE, RANASINGHPET, COTTONPET CROSS, BENGALURU 560053. …COMPLAINANT (BY SRI S. BASAVARAJU, SENIOR ADVOCATE A/W SRI DEVARAJ K. S., ADVOCATE) AND: 1. SRI LALCHAND D. JAIN, S/O LATE DEVI CHAND JAIN, AGED ABOUT 66 YEARS, R/AT No-J 103, TULIP BLOCK, ETA GARDENS, MAGADI ROAD, BENGALURU 560023. 2. SRI RITESH KUMAR L. JAIN, S/O LALCHAND D. JAIN, AGED ABOUT 34 YEARS, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16248-DB CCC No. 39 of 2024 R/AT No.J-103, TULIP BLOCK, ETA GARDENS, MAGADI ROAD, BENGALURU 560023. …ACCUSED (BY SRI AJIT KALYAN, ADVOCATE FOR R1 & R2) THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981, BY THE COMPLAINANT PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR THEIR DELIBERATE, INTENTIONAL, WILLFUL AND DARE CONDUCT OF DISOBEDIENCE OF THE HON'BLE COURTS DIRECTIONS/AD- INTERIM ORDER DATED 28.11.2023, PASSED IN MFA No.7369/2023 AS PER ANNEXURE-A. THIS CCC COMING ON FOR ORDERS 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) Heard learned Senior advocate Mr. S. Basavaraju along with learned advocate Mr. K.S. Devaraj for the complainant and learned advocate Mr. Ajit Kalyan for the respondents. 2. The order which is brought under the contempt jurisdiction is dated 28.11.2023 passed in the pending proceedings of Miscellaneous First Appeal No.7369 of 2023. - 3 - NC: 2025:KHC:16248-DB CCC No. 39 of 2024 2.1 The order under contempt reads as under, “ Respondents are restrained from putting up any construction towards eastern side of the suit schedule property, till the next date of hearing." 2.2. As per the said order, which is admittedly an interim order, the respondents are restrained from putting up the construction on the eastern side of the suit property bearing No.20 (Old No.3, later became 3/20), situated at Maragelasadha Byrappa Lane, Ranasinghpet, Bengaluru, till next date of hearing. 3. By the very nature of the order, it is an interlocutory order where the rights of the parties are not finally determined. The interim order was made to operate until the next date of hearing. The proceedings are stated to be adjourned from time-to-time before the court taking up the Miscellaneous First Appeals. Not only that, in course of the hearing today, it was undisputedly submitted that the order dated 28.11.2023 has been subsequently modified by the court concerned. 4. In the aforesaid view and more particularly when the order is an interim order, this Court is not inclined to exercise its contempt jurisdiction. The parties are relegated to work out - 4 - NC: 2025:KHC:16248-DB CCC No. 39 of 2024 their rights and remedies in the proceedings of Miscellaneous First Appeal pending before the Court concerned. 5. With the aforesaid observations and without going into the aspect of merits, the contempt petition is disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 59