Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16814-DB CCC No. 879 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 879 OF 2022 BETWEEN:
1. SRI SUDHAKAR A S/O LATE ANKUGOWDA AGED ABOUT 57 YEARS
2. SMT KEMPAJAMMA W/O LATE PAPANNA AGED ABOUT 55 YEARS
BOTH ARE R/A NO.1123 1ST MAIN 3RD CROSS CHIKKEGOWDANA DODDI GUTHLU POST, MANDYA-571403. …COMPLAINANTS (BY MS. SAMASHRITHA R – ADVOCATE FOR SRI. AKARSH KUMAR GOWDA - ADVOCATE) AND:
1. DR. S ASWATHI (DELETED VIDE COURT ORDER DATED 18.08.2023)
2. SMT. AISHWARYA R (DELETED VIDE COURT ORDER DATED 18.08.2023)
3. SRI KUNJI AHAMED THE TAHSILDAR MANDYA TALUK MANDYA DISTRICT-571401. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:16814-DB CCC No. 879 of 2022
4. SRI. UMESH D R (DELETED VIDE COURT ORDER DATED 18.08.2023) …ACCUSED
5. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001. ...PROFORMA RESPONDENT
(BY SRI. HARISHA A S – AGA FOR ACCUSED NO.3 AND PROFORMA RESPONDENT NO.5; VIDE COURT ORDER DATED 18.08.2023, ACCUSED NO.1, 2 & 4 ARE DELETED)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE PROCEEDINGS FOR CONTEMPT AGAINST THE ACCUSED FOR DISOBEDIENCE OF THE ORDER DATED 30.07.2021 MADE IN WP NO.13089/2021. 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
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NC: 2025:KHC:16814-DB CCC No. 879 of 2022
ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This contempt petition is initiated by the complainants for disobedience of the order passed by the learned single Judge in W.P.No.13089/2021 dated 30.07.2021 as per Annexure-A.
2. Learned counsel Ms.Samashritha R representing Sri Akarsh Kumar Gowda for complainants is present before the Court physically inclusive of learned AGA for respondents/accused Nos.3 and 5. 3. Office note reveals I.A.1/2023 is filed under Section 5 of the Limitation Act to condone the delay of 21 days in filing the contempt petition.
In this regard it is relevant to refer Section 20 of the Contempt of Courts Act which indicates that no court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed. - 4 -
NC: 2025:KHC:16814-DB CCC No. 879 of 2022
4. Learned AGA submits that affidavit has been filed in compliance of the order passed by the learned single Judge in the aforesaid writ petition. The submission is placed on record. 5. Keeping in view Section 20 of the Contempt of Court Act in respect of limitation to file contempt proceedings and so also keeping in view the reliance of Hon’ble Supreme Court in S.Tirupati Rao vs. Lingamaiah reported in 2024 SCC OnLine SC 1764 and the compliance affidavit filed by learned AGA, this contempt petition does not survive for consideration. Consequently, the contempt petition is hereby dropped. However, liberty is granted as sought for, in accordance with law. SD/- (K.SOMASHEKAR) JUDGE
SD/- (VENKATESH NAIK T) JUDGE DKB