- 1 - NC: 2025:KHC:228-DB CCC No. 902 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 902 OF 2023 BETWEEN: SRI IKRAMULLA S/O LATE SYED SAMIULLA AGED ABOUT 41 YEARS R/AT NO 2/1, 3RD CROSS KOTTIGERE GALLI, OTC ROAD COTTONPET, BANGALORE 560053. …COMPLAINANT (BY SRI. NAGAIAH - ADVOCATE) AND: 1. SRI DAYANAND B THE COMMISSIONER OF POLICE INFANTRY ROAD BANAGALORE 560001. 2. SRI. LAKSHMAN NIMBARGI THE DEPUTY COMMISSIONER OF POLICE BANGALORE WEST DIVISION UPPARPET, BANGALORE-560 009. 3. SRI BALARAJ THE POLICE INSPECTOR COTTONPET POLICE STATION COTTONPET MAIN ROAD BANGALORE 560053. 4. SRI. INAYATHULLA THE SECRETARY MANAGING COMMITTEE HAZARATH TAWAKKAL Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:228-DB CCC No. 902 of 2023 MASTAN SHAH, DARGHA MOSQUE AND GHOUSIA SARAI NO 512, OTC ROAD COTTONPET, BANGALORE 560053. 5. SRI RAJIULLA S/O LATE AMEER JAN AGED BOUT 42 YEARS 6. SRI. ZABIULLA S/O LATE AMMER JAN AGED ABOUT 48 YEARS RESPONDENTS NO.5 & 6 ARE R/AT NO 22, 6TH CROSS K K LANE, COTTONPET BANGALORE. 7. SRI TUSHAR GIRINATH THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BANGALORE 560001. 8. SRI. YOGESH JOINT COMMISSIOENR BANGALORE (WEST) BBMP, BANGALORE. 9. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU-560 001. …ACCUSED (BY SMT. NAMITHA MAHESH B G – AGA FOR ACCUSED NOS. 1, 2, 3 & 9; SMT. ABIRAMI - AGA FOR ACCUSED NOS.7 & 8; ACCUSED NOS.5 & 6 ARE SERVED AND UNREPRESENTED) - 3 - NC: 2025:KHC:228-DB CCC No. 902 of 2023 THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO APPREHEND THE ACCUSED PERSONS AND DEAL WITH ACCUSED PERSONS IN ACCORDANCE WITH LAW FOR HAVING COMMITTED BLATANT, DELIBERATE, INTENTIONAL DISOBEDIENCE OF THE ORDERS PASSED BY THIS HON’BLE HIGH COURT OF KARNATAKA IN W.P.NO.11104/2023 (GM-RES) DATED 14.06.2023 VIDE ANNEXURE-A. 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 seeking for implementation of the interim order dated 14.06.2023 passed by a learned Single Judge of this Court in W.P.No.11104/2023. 2. Learned counsel Shri Nagaiah for the complainant is present before Court. Learned AGA Smt. Namitha Mahesh B.G. accepts notice for Accused Nos.1, 2, 3 and 9. Learned counsel Smt. Abirami appears for Accused Nos.7 - 4 - NC: 2025:KHC:228-DB CCC No. 902 of 2023 and 8. Process having been served on Accused Nos.5 and 6, they remain absent and unrepresented. 3. Ikramulla / the complainant herein, had initiated proceedings in O.S.No.1268/2019 under Order 39 Rules 1 and 2 CPC seeking for restraint order against Defendant Nos.1 and 2 / Respondent Nos.1 and 2 herein. The said I.A.No.1/2019 filed by the plaintiff / complainant herein came to be allowed by restraining the defendants from conducting or carrying out Beef Fast Food centre or any other business in the illegal shed erected over the suit schedule property unauthorizedly, till the next date of hearing. The said order finds place at Annexure-“C”. The present contempt petition is filed by the complainant for having disobeyed an interim direction issued by a learned Single Judge of this Court. In this regard, it is relevant to refer to an order dated 06.08.2024 passed by a Co-ordinate Bench of this Court in CCC No.703/2024 (Civil). The said matter also pertained to violation of an interim order passed in a Regular Second - 5 - NC: 2025:KHC:228-DB CCC No. 902 of 2023 Appeal. While disposing of the said contempt petition, the Co-ordinate Bench of this Court has observed thus: “2. This Court is not inclined to invoke and exercise the jurisdiction under the Contempt of Courts Act, 1971, in view that the petitioner has the remedy to approach the same Court for breach of injunction under the provisions of Order XXXIX Rule 2A of the Code of Civil Procedure, 1908. 3. Only on this ground without going into the merits and reserving liberty for the petitioner to avail the said recourse, the present petition is not entertainable and it stands disposed of.” Further, it is also relevant to refer to another order dated 26.03.2024 of a Co-ordinate Bench of this Court in CCC No.1237/2023 in similar circumstances, wherein the Co-ordinate Bench of this Court has held thus: “3. When the order is an interim order, by its very nature it does not determine rights of the parties finally. There are no trappings of finality in the order. In the aforesaid view, this Court is not inclined to entertain the contempt - 6 - NC: 2025:KHC:228-DB CCC No. 902 of 2023 petition and it is not persuaded to exercise the power of contempt under the Contempt of Courts Act, 1971. 4. It will be open for the complainant to raise all contentions and work out its rights and remedies in the main proceedings in accordance with law.” In view of the above settled position of law, this Court is not inclined to entertain the contempt petition since the complainant has the remedy to approach the same Court for breach of injunction under the provisions of Order XXXIX Rule 2A of the Code of Civil Procedure, 1908. Hence, the contempt proceeding is hereby dropped. However, liberty is reserved to the complainant to proceed in accordance with law. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KS