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2025 DAILYLAW 25504 (KAR)

SMT. ZEENATHUNNISA v. TUSHAR GIRI NATH

CCC/550/2023 · 2025-02-21

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:7814-DB CCC No. 550 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST 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.550 OF 2023 BETWEEN: 1. SMT. ZEENATHUNNISA W/O. SRI SYED KAREEM AGED ABOUT 60 YEARS. 2. SRI SYED KAREEM AGED ABOUT 69 YEARS S/O. LATE SYED AHAMED BOTH ARE PRESENTLY RESIDING AT NO.16 ANJANEYA SWAMY TEMPLE STREET J.C. NAGAR BENGALURU-560 006. …COMPLAINANTS (BY SRI MOHAMMED THOUHEED, ADVOCATE) AND: 1. TUSHAR GIRI NATH THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE BENGALURU-560 001. 2. THIPPESWAMY THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANGARA PALIKE WARD NO.95, BAMBOO BAZAR ROAD Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7814-DB CCC No. 550 of 2023 BENGALURU-560 051. …ACCUSED (BY SRI SRINIVAS B.S., ADVOCATE FOR SRI B.L. SANJEEV, ADVOCATE FOR A1 AND A2) * * * THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS PARTICULARLY AGAINST THE ACCUSED FOR WILLFUL DISOBEDIENCE OF THE ORDER PASSED BY THIS HON’BLE COURT AS PER ANNEXURE-A PASSED IN WRIT PETITION NO.10931 OF 2021 (LB-BMP) BETWEEN SMT. ZEENATHUNNISA AND ANOTHER V/S. COMMISSIONER, B.B.M.P. BENGALURU AND OTHERS DATED 29.06.2022. 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 proceeding is initiated by the complainants for willful disobedience of the order passed by the learned single Judge in W.P.No.10931/2021 dated 29.06.2022. 2. Learned counsel Sri Mohammed Thouheed for the complainants and learned counsel Sri Srinivas B.L. for A1 and A2 are present before the Court physically. - 3 - NC: 2025:KHC:7814-DB CCC No. 550 of 2023 3. The learned single Judge in para 4 of the order had allowed the writ petition in part. Respondent Nos.1 and 2 were directed to consider the representations of the petitioners as referred above and pass appropriate orders within a period of three months from the date of receipt of certified copy of the order. 4. Counsel for Accused Nos.1 and 2 in compliance of the order passed by the learned single Judge has filed a memo stating that Accused No.2 has issued an endorsement dated 16.07.2024 denying the claim of the complainant herein. The copy of the endorsement has been produced along with the memo. 5. However, keeping in view the submission made by learned counsel for the parties and so also, keeping in view Section 2(b) and Sections 11 and 12 of Contempt of Courts Act inclusive of Article 215 of Constitution of India and the memo filed by the counsel for the accused, this contempt proceeding does not survive for consideration. Accordingly, the contempt proceeding is hereby dropped. - 4 - NC: 2025:KHC:7814-DB CCC No. 550 of 2023 However, liberty is granted as sought for by the complainants. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DKB List No.: 1 Sl No.: 5