Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 24568 (KAR)

SMT PUTTAMMA v. SMT T C ANNAPOORNA

CCC/502/2024 · 2025-03-04

M I Arun, N V Anjaria Cj

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9131-DB CCC No. 502 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN CIVIL CONTEMPT PETITION NO. 502 OF 2024 BETWEEN: 1. SMT. PUTTAMMA W/O LATE T.S. SRINIVASAMURTHY @ T.S.SRINIVASA AGED ABOUT 65 YEARS 2. SMT. T. S. MAMATHA D/O LATE T.S.SRINIVASAMURTHY @ T.S.SRINIVASA W/O S.P.SATHYANARAYANA AGED ABOUT 49 YEARS COMPLAINANT NOs.1 AND 2 ARE R/AT NO.1070, 1ST CROSS VIDYANAGARA, DODDABALLAPURA BANGALORE RURAL DISTRICT-561 203 3. SMT. T. S. TRIVENI D/O LATE T.S.SRINIVASAMURTHY @ T.S.SRINIVASA W/O.GOPINATH K.V. AGED ABOUT 46 YEARS NEAR ARAVINDA SCHOOL VIDYANAGARA, DODDABALLAPURA Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:9131-DB CCC No. 502 of 2024 BANGALORE RURAL DISTRICT-561 203 4. SMT. T. S. VIJAYA D/O LATE.T.S.SRINIVASAMURTHY @ T.S. SRINIVASA W/O GOPINATH L.N. AGED ABOUT 43 YEARS R/AT KARENAHALLI NEAR MANGALA VIDYAMANDHIRA DODDABALLAPURA BANGALORE RURAL DISTRICT-561 203 5. SRI. T. S. NAGENDRA S/O LATE. T.S.SRINIVASAMURTHY @ T.S.SRINIVASA AGED ABOUT 46 YEARS COMPLAINANT NOs.3 TO 5 ARE R/AT 1070, 1ST CROSS, VIDYANAGARA DODDABALLAPURA BANGALORE RURAL DISTRICT-561 203 …COMPLAINANTS (BY SRI. K. MURTHY, ADVOCATE) AND: 1. SMT. T.C. ANNAPOORNA D/O LATE T.S. CHOWDAPPA AGED ABOUT 53 YEARS RESIDING AT NO.2288 THYAGARAJANAGARA DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT-561 203 - 3 - NC: 2025:KHC:9131-DB CCC No. 502 of 2024 2. SMT.T.C. VISHALAKSHI D/O LATE T.S.CHOWDAPPA AGED ABOUT 49 YEARS RESIDING AT NO.508 TANK ROAD, WARD NO.15 DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT-561 203 3. SMT.T.C.RUKMINI D/O T.S.CHOWDAPPA AGED ABOUT 47 YEARS RESIDING AT NO.1171 KONGADIYAPPA MAIN ROAD WARD NO.14, DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT-561 203 4. SRI.T.C.CHANDRASHEKAR S/O LATE T.S. CHOWDAPPA AGED ABOUT 45 YEARS RESIDING AT NO.98/A THERINA BEEDI, DODDABALLAPURA BANGALORE RURAL DISTRICT-561 203 5. SMT.T.C.RAJESHWARI D/O LATE T.S.CHOWDAPPA AGED ABOUT 40 YEARS RESIDING AT NO.1382/1006 KUCHAPPANAPETE, WARD NO.17 DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT-561 203 6. SMT.T.C.SAVITHRI D/O LATE T.S.CHOWDAPPA AGED ABOUT 38 YEARS - 4 - NC: 2025:KHC:9131-DB CCC No. 502 of 2024 RESIDING AT NO.382 BEHIND CHOWDESHWARI TEMPLE WARD NO. 14, DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT-561 203 7. SRI.T.C.SURESH KUMAR S/O LATE T.S.CHOWDAPPA AGED ABOUT 35 YEARS RESIDING AT NO.98/B THERINA BEEDI, DODDABALLAPURA BANGALORE RURAL DISTRICT-561 203 8. SMT.T.C.LAKSHMI D/O LATE T.S.CHOWDAPPA AGED ABOUT 33 YEARS RESIDING AT NO.1157 KONGADIYAPPA MAIN ROAD WARD NO. 17, DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT-561 203 9. SRI. G.S.SOMARUDRASHARMA S/O LATE T.G.SHIVANNA AGED ABOUT 68 YEARS 10. SRI. S.NAGARAJ S/O LATE T.G.SHIVANNA AGED ABOUT 60 YEARS 11. SRI. BHARATH KUMAR SHARMA T.S. S/O. SOMARUDRASHARMA AGED ABOUT 28 YEARS 12. SRI. TEJAS NAGARAJ S/O S. NAGARAJ, AGED ABOUT 25 YEARS, - 5 - NC: 2025:KHC:9131-DB CCC No. 502 of 2024 ACCUSED NOs.9 TO 12 ARE R/AT NO.3778, TALUK OFFICE ROAD WARD NO.28, DODDABALLAPURA BANGALORE RURAL DISTRICT-561 203 13. HOSAKERE SIDDARAJU SATHEESHA THE SUB-REGISTRAR DODDABALLAPURA SUB-REGISTRAR OFFICE DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT …ACCUSED THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA, R/W SECTIONS 11 AND 12 OF CONTEMPT OF COURT ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AND TAKE COGNIZANCE OF THE OFFENCE COMMITTED BY THE ACCUSED PERSONS IN VIOLATING THE ORDER AT ANNEXURE - A PASSED IN R.S.A.NO.900/2016 DATED 29.06.2016 AND TO PUNISH THE ACCUSED PERSONS FOR HAVING COMMITTED CLEAR CONTEMPT OF THIS HON'BLE COURT AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, 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 - 6 - NC: 2025:KHC:9131-DB CCC No. 502 of 2024 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) This contempt petition is directed against the order dated 29.06.2016 which is passed in Regular Second Appeal No.900 of 2016. The order reads as under, "Heard. This appeal is admitted to consider the following substantial questions of law:- 1) Whether the Lower Appellate Court is justified in reversing the judgment and decree of the trial court only on the basis of Ex.D1 to D77 in view of the provisions of Section 92 of Transfer of Property Act.? 2) Were the Courts below justified in conferring title on defendant No.1 in respect of item No.2 of the Plaint schedule property on the basis of Ex.D4 and Ex.D5 which are revenue records and not documents of title in view of the decision of the Supreme Court in the case of Corporation of City of Bangalore Vs. M.Papaiah and another, reported in AIR 1989 SC 1809? 3) Whether the lower Appellate Court is justified in reversing the judgment and decree of the trial court without following the procedure as contemplated under order 41 Rule 31 of CPC? Both the parties are directed to maintain status quo with regard to suit schedule property - alienation. Call for records. Paper book to be filed within six weeks from today." - 7 - NC: 2025:KHC:9131-DB CCC No. 502 of 2024 2. The entire subject matter is at large in the Regular Second Appeal, the order directing the parties to maintain status quo is only interim during the pendency of the appeal to be subject to the final outcome. In the circumstances, when no rights of the parties are finally crystallized, the court is not inclined to invoke the jurisdiction under the Contempt of Courts Act, 1971. 3. Leaving the parties to workout their rights and remedies in the pending proceedings, this contempt petition is not entertained and stands dismissed. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 3