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2025 DAILYLAW 47741 (KAR)

SRI. P SHASHAVALI S/O LATE P NAVI v. SRI P BUDEN SAB S/O LATE P NABI

CCC/100032/2025 · 2025-03-18

C M Poonacha, S G Pandit

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:4954-DB CCC No.100032 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO.100032 OF 2025 BETWEEN: SRI P. SHASHAVALI, S/O LATE P. NABI SAB, AGE. 44 YEARS, R/O. KOLURU VILLAGE, TQ. KURUGODU, DIST. BALLARI-583116. …COMPLAINANT (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. SRI P. BUDEN SAB, S/O LATE P. NABI, AGE. 48 YEARS, R/O. MADIVE VILLAGE, TQ. KURUGODU, DIST. BALLARI-583116. 2. SRI P. REHAMAN SAB, S/O LATE P. NABI, AGE. 46 YEARS, R/O. KOLURU VILLAGE, TQ. KURUGODU, DIST. BALLARI-583116. 3. SRI P. SHEIKSHA VALI, S/O LATE P. NABI, AGE. 44 YEARS, R/O. MADIVE VILLAGE, TQ. KURUGODU, DIST. BALLARI-583116. …ACCUSED (BY SRI. S.A. SONDUR, ADVOCATE A1 & A3) THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12(B) OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA 1950, PRAYING TO, PUNISH THE ACCUSED FOR WILL FULLY DISOBEYING ORDER DATED 03-07-2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN W.P.NO.105453/2022 WHEREIN THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT HAS DIRECTED THE PARTIES TO MAINTAIN STATUS QUO TILL NEXT DATE OF HEARING, AS PER ANNEXURE-C & ETC., ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4954-DB CCC No.100032 of 2025 THIS CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This contempt proceedings under Sections 11 and 12 of the Contempt of Courts Act, 1971, is filed complaining disobedience of the interim order dated 03.07.2023 passed in W.P. No.105453/2022, wherein this Court directed the parties to maintain status quo till the next date. 2. The complainant was before this Court in the writ petition questioning the order dated 27.09.2022 passed in M.A. No.5/2021 whereunder the order dated 07.12.2020 passed on I.A. No.II in O.S. No.650/2018 restraining the respondents herein from interfering with the petitioner’s possession and enjoyment of the suit property was set aside with a further direction to maintain status quo. 3. Accused Nos.1 to 3 are present before the Court. Affidavits of all the three accused are filed before this Court. The accused have stated that they have not put up a - 3 - NC: 2025:KHC-D:4954-DB CCC No.100032 of 2025 permanent structure over the property and to provide shelter for the cattle, a temporary structure with tin sheet has been built. Further, they have stated that if they suffer any adverse decree at the hands of the Trial Court or the Appellate Court, they would not claim any equities and would dutifully obey the orders of this Court. The accused have expressed their regret for having built the temporary structure. Since the accused persons have tendered apology and have undertaken not to proceed with any further construction, we deem it appropriate to drop further proceedings. Accordingly, the contempt proceedings are dropped. All contentions of both the parties are left open to be urged in civil proceedings. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 34