Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4430-DB CCC No. 1236 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA CCC NO. 1236 OF 2024 (CIVIL) BETWEEN:
1.
ABDUL AZEEZ S/O. UMMAR AGED ABOUT 39 YEARS, RESIDING AT 3-60, NADAJE HOUSE, MANCHI, BANTWAL TALUK, D.K. DISTRICT, PIN - 574 323.
2.
ABDUL RAZAK S/O. YUSUF AGED ABOUT 40 YEARS, RESIDING AT 3-42, MANCHI DARKAS, MANCHI, BANTWAL TALUK, D.K. DISTRICT, PIN - 574 323.
3. ANSAR S/O. MOHAMMED AGED ABOUT 37 YEARS, RESIDING AT 3-125, NOLA HOUSE, MANCHI, BANTWAL TALUK, D.K. DISTRICT, PIN - 574 323.
4.
N. IBRAHIM S/O. IDDI KUNHI BYARI AGED ABOUT 61 YEARS RESIDING AT 3-83, NADAJE HOUSE,
Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka
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NC: 2025:KHC:4430-DB CCC No. 1236 of 2024
MANCHI, BANTWAL TALUK, D.K. DISTRICT, PIN - 574 323.
5.
MOIDU KUNHI S/O. K. MOHAMMED, AGED ABOUT 46 YEARS, RESIDING AT 1-135, KUKKAJE HOUSE, MANCHI, BANTWAL TALUK, D.K. DISTRICT, PIN - 574 323. …COMPLAINANTS (BY SRI G. RAVISHANKAR SHASTRY, ADVOCATE) AND:
1.
MR. JEELANI H. MOKASHI S/O. NOT KNOWN TO THE COMPLAINANTS MAJOR, CHIEF EXECUTIVE OFFICER, THE KARNATAKA STATE BOARD OF WAKF, CUNNINGHAM ROAD, BENGALURU, PIN - 560 052.
2.
MR. ABOOBAKKER S/O. NOT KNOWN TO THE COMPLAINANT MAJOR THE WAKF OFFICER DAKSHINA KANNADA DISTRICT D.C. COMPOUND, MANGALURU, D.K. DISTRICT. PIN - 575 001 …ACCUSED (BY SRI MOHD NIYAZ, ADVOCATE FOR R-1 AND R-2)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING COMMITTED CONTEMPT OF ORDER DATED 01.02.2024 IN WRIT PETITION NO.7509/2023 AND PUNISH THE ACCUSED.
THIS PETITION, COMING ON FOR PRELIMINARY, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:4430-DB CCC No. 1236 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The direction in the order of learned Single Judge by order dated 01.02.2024 was to conduct the elections of the Management of Wakf Institution within the stipulated time of three months.
2. The contempt is alleged in respect of the said direction. However, it could not be disputed by learned advocate Mr. G. Ravishankar Shastry for the complainants that the elections are now completed on 25.01.2025, however, the results are not declared in view of the stay granted by this Court in the petition filed against the order under contempt. In any way, mere aspect of non-observance of the time limit strictly does not persuade the Court to initiate any contempt proceedings inasmuch the elections are held in compliance. The Doctrine of Substantial Compliance will apply.
3. The contempt petition disposed of as not entertainable.
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NC: 2025:KHC:4430-DB CCC No. 1236 of 2024
Learned advocate Mr. Mohd Niyaz is permitted to file his vakalathnama on behalf of respondent Nos.1 and 2 within one week.
Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (T.G. SHIVASHANKARE GOWDA) JUDGE
CR List No.: 1 Sl No.: 3