- 1 - NC: 2025:KHC:3805-DB CCC No. 248 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.248 OF 2023 BETWEEN: SMT. B. V. SARITA KUMARI AGED ABOUT 51 YEARS W/O. GOVINDARAJU PERMANENTLY RESIDING AT NO.1115, 6TH MAIN ROAD 4TH BLOCK, 1ST STAGE HENNUR CROSS BENGALURU - 560 043 PRESENTLY RESIDING AT NO.801, 6TH MAIN ROAD NAGARABHAVI, 9TH BLOCK BENGALURU - 560 072. …COMPLAINANT (BY SRI SHIVARAMU H. C., ADVOCATE) AND: SMT. B. S. SUNANDA ASSISTANT REVENUE OFFICER HBR SUB-DIVISION BBMP, SHOP NO.16, BDA COMPLEX OPPOSITE TO KEB OFFICE HBR LAYOUT, BENGALURU. …ACCUSED (BY SRI N. K. RAMESH, ADVOCATE FOR A-1 (ABSENT)) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3805-DB CCC No. 248 of 2023 THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, READ WITH ARTICLE 215 OF CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHEREIN HE PRAYS TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED HEREIN FOR HER WILLFUL DISOBEDIENCE OF THE ORDER DATED 12.10.2022 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.11069/2021 AND PUNISH THE ACCUSED. THIS CCC, 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 proceedings has been initiated by the complainant against the accused for dis-obedience of the order dated 12.10.2022 passed by learned Single Judge in W.P.No.11069/2021(LB-BMP), wherein the learned Single Judge had allowed the petition filed by the petitioner and directed respondent No.3 to reconsider the application filed by the petitioner after hearing both the petitioner as well as respondent Nos.4 and 5 and pass an appropriate order within three months from the date of receipt of said order. However, since the said order has not been complied, the present contempt is filed. - 3 - NC: 2025:KHC:3805-DB CCC No. 248 of 2023 2. Learned Counsel Sri. H.C. Shivaramu, for the complainant fairly submits that the complainant was not given opportunity of hearing in the matter. 3. Learned counsel Sri. N.K. Ramesh, appearing for accused No.1 is not present before the Court. However, the affidavit dated 15.04.2024 filed by learned counsel for the accused at para 6 discloses that the complainant never attended any hearing and after necessary inquiry and considering the objections and arguments placed by respondent No.4 on the last date of hearing dated 14.07.2023, she has issued a speaking order dated 15.07.2023 considering the arguments placed by respondent No.4 and one Mr. Natraj H.N, who filed O.S.No.433/2019 against the complainant and due to no representation by the complainant, the application of the complainant for transfer of khata is kept pending until the disposal of the suits in O.S.No.762/2019 and O.S.No.433/2019, which are pending for consideration. The copy of the speaking order dated 15.07.2023 was served on respondent No.4, but the complainant rejected to accept the Speaking order. - 4 - NC: 2025:KHC:3805-DB CCC No. 248 of 2023 4. Hence, learned counsel for the complainant submits that the present contempt proceedings do not survive for consideration to take action against the respondent, until disposal of the suits and the contempt proceedings may be dropped. 5. Accordingly, in view of the submissions made by learned counsel for the complainant, the contempt proceedings are hereby dropped. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 2 Sl No.: 5