- 1 - NC: 2025:KHC:5139-DB CCC No. 934 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH 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.934 OF 2022 BETWEEN: 1. SRI A. SAMPATH KUMAR S/O. LATE T. ASWATHANARAYANAIAH AGED ABOUT 68 YEARS NO.43, 6TH CROSS, BFW LAYOUT NEAR MANJUNATHASWAMY TEMPLE LAGGERE BENGALURU-560 058. 2. SMT. B. VASUNDARAMMA W/O. LATE RANGANATHASWAMY AGED ABOUT 60 YEARS DODDAAYYUR VILLAGE POST: THYVANAHALLI VAKKALERI HOBLI KOLAR DISTRICT-563 101. …COMPLAINANTS (BY MS. PRASANNA, ADVOCATE FOR SRI CHANDRANATH ARIGA K.) AND: 1. MR. M. NAGARAJ TAHASHILDAR KOLARA TALUK KOLARA-563 101. 2. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5139-DB CCC No. 934 of 2022 DR. AMBEDKAR ROAD BENGALURU-560 001. …ACCUSED (BY SMT. NAMITHA MAHESH B.G., AGA FOR ACCUSED NO.1 AND 2) * * * THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH ARTICLE 215 OF CONSTITUTION OF INDIA PRAYING TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THE ACCUSED FOR DISOBEDIENCE OF THE ORDER DATED 22.10.2021 IN WRIT PETITION NO.16643 OF 2021. THIS CIVIL CONTEMPT PETITION IS 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 has been initiated by the complainants against the respondent/accused seeking implementation of the order dated 22.10.2021 passed by the learned Single Judge in W.P.No.16643/2021 (LR). 2. Ms. Prasanna, representing Sri. Chandranath Ariga K., learned counsel appearing for the complainants is present before the Court physically and seeks for implementation of the - 3 - NC: 2025:KHC:5139-DB CCC No. 934 of 2022 order dated 22.10.2021, passed by the learned Single Judge in W.P.No.16643/2021. 3. Learned Addl. Government Advocate appearing for the respondent/accused submits that the writ proceeding is pending for consideration. 4. Keeping in view the submission made by learned Addl. Government Advocate, it is deemed appropriate to refer the order dated 26.03.2024 rendered by the Co-ordinate Bench of this Court in C.C.C(CIVIL)No.1237/2023, which reads as under: "The contempt jurisdiction of this Court is invoked in respect of the order dated 26.04.2022 passed in Writ Petition No.8876 of 2022. 2. On going through the order, it is evident that thereby ad interim relief is granted against operation and execution of the impugned order dated 31.03.2022. The breach of the aforesaid order is alleged. The proceedings of the main writ petition are pending. 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 petition and it is - 4 - NC: 2025:KHC:5139-DB CCC No. 934 of 2022 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. 5. Accordingly, the contempt petition stands disposed of as not entertained. In view of disposal of the petition, the interlocutory application would not survive and it stands accordingly disposed of." 6. Whereas, judgment rendered by the Hon'ble Supreme Court in the case of PRITHAWI NATH RAM Vs. STATE OF JHARKHAND AND OTHERS reported in (2004) 7 SCC 261, had addressed the issues and also scope of Section 2(b) and Sections 11 and 15 of the Contempt of Courts Act, 1971, wherein it is held that even if the interim order is subsequently vacated or relief refused to a party in the main proceeding, it cannot justify disobedience of such interim order passed by the court. 7. Keeping in view the aforesaid reliance, it is deemed appropriate that this contempt proceeding does not survive for consideration. - 5 - NC: 2025:KHC:5139-DB CCC No. 934 of 2022 Accordingly, the contempt proceeding is hereby dropped. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 5