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NC: 2025:KHC:4935-DB CCC No. 57 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF FEBRUARY, 2025
PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN
CCC NO. 57 OF 2025 (CIVIL) BETWEEN:
1. RADHAKRISHNA S/O LATE DUGGAPPA POOJARY AGED ABOUT 37 YEARS R/AT BONDALA SHANTHIGUDDE HOUSE PANEMANGALORE VILLAGE KALLADKA POST, BANTWAL TALUK D.K. DISTRICT, PIN - 574 219 …COMPLAINANT (BY SRI G. RAVISHANKAR SHASTRY, ADVOCATE)
AND:
1.
MR. ANANTHA PADMANABHA S/O NOT KNOWN MAJOR STATION HOUSE OFFICER BANTWAL TOWN POLICE STATION BANTWAL, D.K. DISTRICT - 574 219
…ACCUSED
2.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF HOME AFFAIRS M.S. BUILDING DR. B.R. AMBEDKAR ROAD BENGALURU - 560 001 ...PROFORMA RESPONDENT
(SRI S.H. RAGHAVENDRA, AGA FOR RESPONDENT No.2)
Digitally signed by AMBIKA H B Location: High Court of Karnataka
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NC: 2025:KHC:4935-DB CCC No. 57 of 2025
THIS CCC IS FILED UNDER SECTIONS 10 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING COMMITTED CONTEMPT OF ORDER DATED 20.01.2024 IN O.S.
NO.21/2024 PASSED BY THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC, BATWAL, D.K. DISTRICT AND PUNISH THE ACCUSED.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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)
The order which is brought under contempt jurisdiction is dated 20.01.2024 which is an interim order of granting temporary injunction passed by learned Principal Civil Judge and JMFC, Bantwal in Original Suit No.21 of 2024.
2. While the complainant has sought to invoke the jurisdiction of this Court under the Contempt of Courts Act, 1971, it is evident that the order is amenable to the jurisdiction of the Civil Court itself under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 which contemplates the consequence of disobedience for breach of the injunction.
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NC: 2025:KHC:4935-DB CCC No. 57 of 2025
3. In view of the above recourse available to the complainant, the present contempt petition is not entertained and accordingly dismissed without going into the merits.
Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (M.I.ARUN) JUDGE
AHB List No.: 1 Sl No.: 6