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2025 DAILYLAW 31585 (KAR)

M. NAGARAJU v. DR. K. L. N. MURTHY,

CCC/893/2023 · 2025-02-12

K Somashekar, Venkatesh Naik T

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:6423-DB CCC No. 893 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH 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. 893 OF 2023 BETWEEN: 1. M. NAGARAJU S/O MARIBASAVAIAH AGED ABOUT 46 YEARS NO. 341, NAGARATHNA NIVASA 2ND CROSS, BOGADHI 2ND STAGE MYSORE DISTRICT. 2. K.SATHISH KUMAR S/O LATE C.KRISHNA AGED ABOUT 38 YEARS NO. 2112, 12TH CROSS MARUTHI TENT ROAD MYSORE – 570002. 3. M.K. BILIGIRI S/O KRISHNAPPA AGED ABOUT 43 YEARS R/AT MALAKUNDI VILLAGE NANJANGUID TALUK MYSORE – 570001. 4. K. MALLIKARJUNA S/O KRISHNAPPA AGED ABOUT 37 YEARS NO. 781, JANATHANAGAR BOGADHI 2ND STAGE MYSORE – 570001. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6423-DB CCC No. 893 of 2023 5. H.M. MAHESH S/O LATE CHIKKAMALIYAIAH AGED ABOUT 52 YEARS HOREYALA VILLAGE AND POST BEGUR HOBLI, GUNDLUPET TALUK CHAMARAJ NAGAR – 570001. 6. B.R. HARISH S/O RAMAIAH AGED ABOUT 40 YEARS NO. 31, HINKAL BEHIND CAUVERY GRAMEENA BANK MYSORE DISTRICT – 570001. 7. PUTTASWAMY S/O BASURO MADAIAH AGED ABOUT 50 YEARS NO. 537, KARAPANA KOPPALU SRIRANGAPATAN TALUK MANDYA DISTRICT. 8. N. KANTHARAJ S/O LATE NARAYANA AGED ABOUT 48 YEARS R/AT NO. 2310, 1ST CROSS 4TH MAIN, PADUVARALLI MYSORE. 9. SHIVAKUMAR.K S/O KRISHNAIAH AGED ABOUT 41 YEARS R/AT NO. 19, 18TH CROSS JAYANAGAR, MYSORE. …COMPLAINANTS (BY SRI. BOLA VEDVYAS SHENOY - ADVOCATE) - 3 - NC: 2025:KHC:6423-DB CCC No. 893 of 2023 AND: DR. K. L. N. MURTHY THE REGISTRAR KARNATAKA STATE OPEN UNIVERSITY MANASA GANGOTHRI, MYSORE. …ACCUSED (BY SRI. ABHISHEK KUMAR – ADVOCATE FOR SRI. PRASAD HIREMATH - ADVOCATE) THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO: 1)TAKE COGNIZANCE OF THE OFFENCE OF CIVIL CONTEMPT AGAINST ACCUSED FOR DISOBEYING AND BRINGING DISRESPECT TO THE ORDER OF THIS HON’BLE COURT IN WP NO.39006/2015 VIDE ORDER DATED 03.02.2023 (ANNEXURE-A) AND INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED HEREIN AND TO TAKE SUITABLE ACTION AGAINST THE ACCUSED FOR WILLFUL DISOBEDIENCE OF THE FINAL ORDER DATED 03.02.2023 IN WP NO.39006/2015; 2) DIRECT THE ACCUSED TO REINSTATE/APPOINT THE COMPLAINANTS IN COMPLIANCE OF THE FINAL ORDER OF THIS HONBLE COURT DATED 03.02.2023 IN WP NO.39006/2015. 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 - 4 - NC: 2025:KHC:6423-DB CCC No. 893 of 2023 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceedings is initiated by the complainants against the respondent/accused for having deliberate and willful disobedience of the orders passed by learned Single Judge in WP.No.39006/2015 dated 03.02.2023 vide Annexure-A. 2. Learned counsel Sri Bola Vedvyas Shenoy for complainants is present. Learned counsel Sri Abhishek Kumar appears on behalf of learned counsel Sri Prasad Hiremath who is on record for accused. 3. Learned counsel for complainants presses into service for consideration of I.A.No.1/2025 filed under Order 1 Rule 10 of CPC r/w Section 151 of CPC seeking permit the complainants to implead themselves as Complainants No.10 to 19. 4. Learned counsel for the accused submits that this application has been filed after later stage and comes - 5 - NC: 2025:KHC:6423-DB CCC No. 893 of 2023 under the preview of Section 20 of the Contempt of Courts Act, 1971. This submission is placed on record. 5. It is relevant to refer Section 20 of the Contempt of Courts Act, 1971 which reads as under: ‘20. Limitation for actions for contempt.— 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’. 6. The contempt proceedings has to be initiated within a period of 12 months and if there in no initiation of the contempt proceedings within the said period, there is no consequence to take action against the accused. However, there are no justifiable reasons to consider the application filed by complainants. Consequently, I.A.No.1/2025 stands dismissed. 7. Learned counsel for complainants submits that WA.No.1519/2024 is pending for consideration. This submission is placed on record. - 6 - NC: 2025:KHC:6423-DB CCC No. 893 of 2023 8. Keeping in view the writ appeal which is pending for consideration as well as Section 2(b) of the Contempt of Courts Act 1971, it is deemed appropriate that the present contempt proceeding do not survive for consideration to proceed against the accused. Accordingly, the contempt proceeding is hereby dropped. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RJ