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2025 DAILYLAW 24543 (KAR)

K H NAGARAJ NAIK @ K H NAGARAJ v. SMT VANAJAKASHAMMA

CCC/468/2025 · 2025-04-29

K V Aravind, N V Anjaria Cj

body2025

Judgment text

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- 1 - NC: 2025:KHC:17858-DB CCC No. 468 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND CCC NO. 468 OF 2025 (CIVIL) BETWEEN: K.H. NAGARAJ NAIK @ K.H. NAGARAJ, S/O LATE HANUMANTHA NAIK, AGED ABOUT 52 YEARS, R/O KUSKUR VILLAGE, MATTURU POST, IDIGE HOBLI, SHIVAMOGGA-DISTRICT - 577 201. …COMPLAINANT (BY SRI. HALLI SHANTAPPA BASAPPA, ADVOCATE) AND: 1. SMT. VANAJAKASHAMMA, W/O LATE RAMANAIK, D/O LATE PEEKYA NAIK, AGED ABOUT 65 YEARS, R/O C/O NEELBAI, W/O CHANDRANAIK, HOLEHANSAWADI VILLAGE, TQ-SHIVAMOGGA - 577 216, DIST-SHIVAMOGGA. 2. GOVINDA NAIK, S/O LATE PEEKYA NAIK, AGED ABOUT 85 YEARS, Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:17858-DB CCC No. 468 of 2025 R/O KUSKUR VILLAGE, MATTURU POST, IDIGE HOBLI, SHIVAMOGGA-DISTRICT - 577 201. 3. ESHWAR NAIK,, S/O PEEKYA NAIK, R/O KUSKUR VILLAGE, AGED ABOUT 68 YEARS, MATTURU POST, IDIGE HOBLI, SHIVAMOGGA-DISTRICT - 577 201. 4. MUTTU NAIK, S/O PEEKYA NAIK AGED ABOUT 62 YEARS, R/O KUSKUR VILLAGE, MATTURU POST, IDIGE HOBLI, SHIVAMOGGA-DISTRICT - 577 201. …ACCUSED (BY SMT. PRAMODHINI KISHAN, AGA) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT , PRAYS TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED NO.1 TO 4 AND PUNISH THEM UNDER THE PROVISIONS OF THE CONTEMPT OF COURTS ACT, 1971 FOR HAVING WILLFULLY AND INTENTIONALLY DISOBEYING THE ORDERS PASSED BY THIS HON'BLE COURT IN RFA NO.1987/2022 DATED 30.01.2023. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17858-DB CCC No. 468 of 2025 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) Having heard learned advocate for the petitioner and having noticed the nature of the order, the Court is not inclined to entertain the present contempt petition for two reasons. 2. Firstly, order dated 30.01.2023 which is brought under the contempt jurisdiction is an interim order passed in R.S.A.No.1987 of 2022. The appellate proceedings are pending at large to be considered on their merits. At this stage, rights of any of the parties are not finally determined. 3. In any view, the order was passed on 30.01.2023, whereas the contempt petition was filed on 16.04.2025, which was admittedly beyond a period of one year. - 4 - NC: 2025:KHC:17858-DB CCC No. 468 of 2025 4. Therefore, the contempt petition could not be maintained from any standpoint in view of the bar contained in Section 20 of the Contempt of Courts Act 1971. 5. The present contempt petition is dismissed accordingly. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE SMJ List No.: 1 Sl No.: 6