- 1 - NC: 2025:KHC:8206-DB CCC No. 1260 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH 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.1260 OF 2023 BETWEEN: RAM NITHIN BAALAY S/O. LATE BHOOMARAJAM BAALAY AGED ABOUT 37 YEARS RESIDING AT 1-8-700/21 PADMA COLONY, NALLAKUNTA HYDERABAD - 500 044. …COMPLAINANT (BY SMT. ANKITHA G. SHELKE, ADVOCATE) AND: MEGHA BORDOLOI D/O. MRIDUL KUMAR BORDOLOI AGED ABOUT 37 YEARS RESIDING AT FLAT NO.108, "A" TYPE NEW MUNICIPAL NO.627/B-FF-108 FIRST FLOOR, BERNESE BLOCK ALPINE ECO, MARATHAHALLI BENGALURU - 560 037. …ACCUSED THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANT, WHERE IN HE PRAYS TO INITIATE APPROPRIATE PROCEEDINGS, INCLUDING PROCEEDINGS FOR CONTEMPT OF COURT AGAINST THE ACCUSED HEREIN FOR HER WILLFUL, DELIBERATE AND WANTON DISOBEDIENCE OF THE ORDER DATED 07.12.2022 PASSED BY THE LD. FAMILY JUDGE, BENGALURU IN G AND WC NO.3/2022 (ANNEXURE-A) BY THIS HON'BLE COURT AND PUNISH HER UNDER THE PROVISION OF THE CONTEMPT OF COURTS ACT, 1971. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8206-DB CCC No. 1260 of 2023 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 proceedings is initiated by the complainant under Sections 11 and 12 of the Contempt of Courts Act, 1971 against the accused for disobedience of the order dated 07.12.2022 passed by learned Family Judge in G & WC No.3/2022. 2. However, it is to be noticed that the aforesaid order dated 07.12.2022 is passed on an interlocutory application i.e., I.A.No.9 by the learned Family Judge, Bengaluru, which is at Annexure-A. 3. Therefore, keeping in view the status of the parties in this matter, it is deemed appropriate to refer to the order passed by the Coordinate Bench of this Court in CCC No.1237/2023 dated 26.03.2024, wherein at para 3, it is stated that when the order is an interim order, by its very nature it - 3 - NC: 2025:KHC:8206-DB CCC No. 1260 of 2023 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. Apart from aforesaid reliance by the Coordinate Bench, it is also relevant to refer to the judgment rendered by Hon'ble Supreme Court of India in the case of Prithawi Nath Ram vs State Of Jharkhand And Ors reported in (2004) 7 SCC 261, wherein the appellant therein filed an application under Sections 11 and 15 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, 1950 and further, at Head note B, it is held that disobedience of interim order/impermissibility/even if interim order is subsequently vacated or relief refused to a party in the main proceeding, it cannot justify disobedience of such interim order by the other party. Therefore, keeping in view the above provision of law, this contempt proceedings does not survive for consideration and the proceedings are liable to be dropped. However, at this stage, learned counsel seeks for liberty. - 4 - NC: 2025:KHC:8206-DB CCC No. 1260 of 2023 Accordingly, the contempt proceedings are hereby dropped with liberty as sought for. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 2 Sl No.: 9