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2025 DAILYLAW 15160 (KAR)

SRI H KEMPAHANUMAIAH v. SMT M CHITTAMMA

CCC/108/2023 · 2025-03-04

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9160-DB CCC No. 108 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.108 OF 2023 BETWEEN: 1. SRI H. KEMPAHANUMAIAH S/O. LATE HANUMANTHAPPA AGED ABOUT 75 YEARS 2. SMT. K. H. KEMPAMMA D/O. H. KEMPAHANUMAIAH AGED ABOUT 49 YEARS 3. SMT. K. H. BHAGYAMMA D/O. H. KEMPAHANUMAIAH AGED ABOUT 46 YEARS 4. SMT. K. H. KALAVATHI D/O. H. KEMPAHANUMAIAH AGED ABOUT 43 YEARS 5. SMT. K. H. HEMAVATHI D/O. H. KEMPAHANUMAIAH AGED ABOUT 39 YEARS ALL ARE RESIDING AT BANJARAPALYA VILLAGE THATAGUNI POST, KENGERI HOBLI BENGALURU SOUTH TALUK - 560 082. …COMPLAINANTS (BY SRI PRAKASH M., ADVOCATE AND SRI NAIK N. R., ADVOCATE) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:9160-DB CCC No. 108 of 2023 AND: SMT. M. CHITTAMMA W/O. SRI M. NAGABHUSHAN NAIDU AGED ABOUT 53 YEARS R/AT NO.69, 4TH CROSS PARAMAHAMSA ROAD BENDRE NAGAR KADIRENAHALLI MAIN ROAD BANASHANKARI 2ND STAGE BENGALURU - 560 070. …ACCUSED THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN HE PRAYS TO CALL THE ACCUSED BEFORE THIS HON'BLE COURT AND TO INITIATE CONTEMPT PROCEEDINGS FOR DISOBEYED THE ORDER PASSED IN W.P. NO.22309/2022 (GM-CPC) DATED 23.11.2022 PRODUCED ANNEXURE-C AS THE ACCUSED IS NOT COMPLIED THE DIRECTION ISSUED BY THIS HON'BLE COURT AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW. THIS CIVIL CONTEMPT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceeding has been initiated by complainants against the respondents/accused relating to the order dated 23.11.2022 passed by the learned Single Judge in WP No.22309/2022 (GM-CPC) vide Annexure-C. - 3 - NC: 2025:KHC:9160-DB CCC No. 108 of 2023 2. Sri. Prakash M., representing Sri. Naik N. R., learned counsel for complainants is present before the Court physically submits that he has filed a memo for seeking permission of this Court to withdraw this contempt proceeding. The said memo reads as under: "The Complainant above named prays that this Hon'ble Court be pleased to permit him to withdraw the above CONTEMPT petition as not pressed, in the interest of justice and equity." 3. The said memo is taken on record. 4. Complainants are permitted to withdraw this contempt proceeding as sought for. 5. In pursuance of filing of memo seeking permission to withdraw this contempt proceeding, it is deemed appropriate to pass suitable orders waiving the imposition of cost of Rs.5,000/- imposed vide order dated 10.02.2025, as there is no limit to exercise the inherent power. Accordingly, imposition of cost of Rs.5,000/- is hereby waived. To that effect, learned counsel is directed to file a memo. - 4 - NC: 2025:KHC:9160-DB CCC No. 108 of 2023 6. Accordingly, this contempt proceedings is hereby dropped. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 12