Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9957-DB CCC No. 1212 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
CIVIL CONTEMPT PETITION NO. 1212 OF 2023 (CIVIL)
BETWEEN:
SRI. K V SHAMAIAH S/O CHIKKAOBAIAH AGED ABOUT 65 YEARS R/AT KEMPATHIMANAHALLI VILLAGE KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110.
…COMPLAINANT (BY SMT. VEENA T.N, ADVOCATE) AND:
SRI DILIP B. PIRIGAL S/O PIRIGAL A/A YEARS, R/AT KALARI ROAD, PIRIGAL MANSION, CHIKAPETE BENGALURU 560 021. …ACCUSED
THIS CCC IS FILED UNDER SECTIONS 2(B) R/W SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYS THAT THE HONBLE COURT BE PLEASED TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING DELIBERATELY AND WILLFULLY DISOBEYED
Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:9957-DB CCC No. 1212 of 2023
THE ORDER PASSED BY THIS HONBLE COURT IN WP NO.57422/2013 (KLR) DATED 27.01.2014 VIDE ANNEXURE-A AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.
THIS PETITION, 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 complainant against the respondent for willful disobedience of the order passed by the learned single Judge in W.P.No.54722/2013 (LR- SEC-77) dated 27.01.2014.
2. Learned counsel Smt Veena for the complainant is on record but there is no representation either through video conferencing or present before the Court physically.
3. office notes reveals as non-compliance of office objections for 4th time.
4. By way of the interim order dated 27.01.2014, the learned single Judge directed the parties to maintain status
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NC: 2025:KHC:9957-DB CCC No. 1212 of 2023
quo, though the petitioner has sought an order to stay the impugned order dated 01.01.2008 in Appeal No.1789/2003.
5. However, 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. It is also relevant to refer the order rendered by the co- ordinate Bench of this Court in CCC.No.1237/2022 (Civil) dated 26.03.2023 wherein para No.3 indicates as ‘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 not persuaded to exercise the power of contempt under the Contempt of Courts Act, 1971’.
7. Keeping in view the aforesaid Section 20 of the Contempt of Courts Act, 1971 and the aforesaid reliance, the present contempt proceeding does not survive for
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NC: 2025:KHC:9957-DB CCC No. 1212 of 2023
consideration. Accordingly, the contempt petition is hereby closed.
SD/- (K.SOMASHEKAR) JUDGE
SD/- (VENKATESH NAIK T) JUDGE
RJ