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2025 DAILYLAW 25469 (KAR)

SMT NAGAMMA v. THE STATE OF KARNATAKA

CCC/559/2023 · 2025-02-27

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:8563-DB CCC No. 559 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.559 OF 2023 BETWEEN: SMT. NAGAMMA W/O. LATE G. RANGAIAH AGED ABOUT 77 YEARS RESIDING AT TAVAREKERE VILLAGE GOWDAGERE HOBLI SIRA TALUK TUMKUR DISTRICT-572 139. …COMPLAINANT (BY SRI V. SRINIVAS, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-01. 2. SMT. MAMATA THE TAHSILDAR OFFICE OF THE TAHSILDAR SIRA TALUK Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8563-DB CCC No. 559 of 2023 SIRA-572 137. …ACCUSED (BY SMT. NAMITHA MAHESH B.G., AGA FOR PROFORMA R-1 AND A-2) * * * THIS CCC IS FILED UNDER SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971 PRAYING TO DECLARE THE ACCUSED NAMELY SMT. MAMATA, TAHSILDAR, SIRA TALUK, HAS COMMITTED A WILFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO.7441 OF 2022 DATED 22.8.2022 FOR NOT HAVING CARRIED OUT THE PHODI AND DURASTH WORK OF THE SCHEDULE PROPERTY BELONGING TO THE COMPLAINANT 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 petition is filed by the complainant against the accused for willful disobedience of the order passed by the learned Single Judge WP.No.7441/2022 (KLR-RES) dated 22.08.2022 vide Annexure-A. - 3 - NC: 2025:KHC:8563-DB CCC No. 559 of 2023 2. Learned counsel Sri V.Srinivas for complainant and Learned AGA Smt Namitha Mahesh B.G for accused No.2 and proforma respondent No.1 are present. 3. Learned counsel for the complainant has filed I.A.No.3/2024 under Order XXII Rule 3 r/w Section 151 of CPC to bring the proposed LRs of the deceased complainant on record. I.A.No.2/2024 has been filed under Order XXII Rule 9 r/w Section 151 of CPC to set aside the abatement. 4. Learned AGA submits that subsequent to the order rendered by the learned Single Judge, review petition in R.P.No.351/2023 has been filed and the same is pending for consideration. She further submits that death of respondent-Smt.Nagamamma was reported in the said review petition. This submission is placed on record. 5. Keeping in view the submission made by the learned AGA and the review petition which is pending for consideration, this contempt proceeding does not survive - 4 - NC: 2025:KHC:8563-DB CCC No. 559 of 2023 for consideration. Accordingly, the present contempt petition is hereby dropped. 6. In view of disposal of the matter, if any interlocutory application pending, same shall also stand disposed of. 7. Keeping in view the submission made by the learned counsel for the complainant, liberty is granted as sought for, in accordance with law. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RJ