- 1 - HC-KAR NC: 2025:KHC-D:7923-DB CCC No. 100103 of 2024 C/W WA No. 100530 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND CIVIL CONTEMPT PETITION NO.100103 OF 2024 C/W WRIT APPEAL NO.100530 OF 2024 IN CIVIL CONTEMPT PETITION NO.100103 OF 2024: BETWEEN: 1. MR. MAHAMMED ALI F. BADAMI S/O FAKRUSAB AGE. 66 YEARS, OCC. NIL, R/O GANGIMADI ROAD, RAJ NAGAR, BEHIND SWIMMING POOL, WARD NO.22, GADAG-582102. 2. MR. MOHD. YUSUF MOHAMMADALI BADAMI S/O MOHAMMED ALI BADAMI PROP OF KARNATAKA ENGG WORKS AGE. 45 YEARS, R/O GANGIMADI ROAD, RAJ NAGAR, BEHIND SWIMMING POOL, WARD NO.22, GADAG-582102. …COMPLAINANTS (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. NARENDRA THE AUTHORIZED OFFICER BANK OF MAHARASHTRA GADAG BRANCH, TIPPU SULTAN CIRCLE, GADAG-582102. REPRESENTED BY IT’S BRANCH MANAGER …ACCUSED 2. THE STATE OF KARNATAKA …PROFORMA RESPONDENT VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.25 10:03:44 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7923-DB CCC No. 100103 of 2024 C/W WA No. 100530 of 2024 3. SALEEM S/O. RAJESAB BODLEKHAN #1262, JAVALI GALLI, AZAD ROAD, NEAR IQBAL LIBRARY, GADAG-582101. …ACCUSED (BY SRI. PRASHANT S. HOSMANI, ADVOCATE FOR A1; SRI. G.K. HIREGOUDAR, GOVT. ADV. FOR PROFORMA RESPONDENT; SRI. S.B. PATIL, ADVOCATE FOR A3) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PRAYING TO, INITIATE CONTEMPT PROCEEDINGS AGAINST RESPONDENT UNDER SECTION 12 OF CONTEMPT OF COURT ACT AND PUNISHMENT MAY BE IMPOSED FOR DISOBEDIENCE IN ORDER DATED 14.12.2023 PASSED IN WP NO.103789/2023 VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE & ETC. IN WRIT APPEAL NO.100530 OF 2024: BETWEEN: BANK OF MAHARASHTRA GADAG BRANCH, TIPPU SULTAN CIRCLE, GADAG, DIST. GADAG 582102. R/BY. THE BRANCH MANAGER, BAPURAO S/O SHIVAJIRAO BHAGAT AGE. 31 YEARS, OCC. BRANCH MANAGER, R/O BANK MAHARASHTRA, GADAG BRANCH, TIPPU SULTAN CIRCLE, GADAG, DIST. GADAG-582102. …APPELLANT (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) AND: 1. MOHAMMAD YUSUF S/O MOHAMMAD ALI BADAMI AGE. 46 YEARS, OCC. PROP. KARNATAKA ENGG WORKS, R/O GANGIMADI ROAD, RAJ NAGAR, BEHIND SWIMMING POOL, WARD NO.22, GADAG, DIST. GADAG-582102. - 3 - HC-KAR NC: 2025:KHC-D:7923-DB CCC No. 100103 of 2024 C/W WA No. 100530 of 2024 2. MOHAMMAD ALI F. BADAMI S/O FAKRUSAB BADAMI AGE. 67 YEARS, OCC. PROP. NIL, R/O GANGIMADI ROAD, RAJ NAGAR, BEHIND SWIMMING POOL, WARD NO. 22, GADAG, DIST. GADAG-582102. 3. SALEEM S/O RAJESAB BODLEKHAN AGE. MAJOR, OCC. BUSINESS, R/O #1262, JAVALIGALLI, AAD ROAD, NEAR IQUBAL LIBRARY, GADG, DIST. GADAG-582102. 4. THE SUB-REGISTRAR, GADAG SUB-REGISTRAR OFFICE, PB ROAD, GADAG-582101. 5. THE THASHILDAR GADAG, DIST. GADAG-582101. 6. THE DEPUTY COMMISSIONER GADAG, DIST. GADAG-582101. …RESPONDENTS (BY SRI. SADIQ N. GOODWALA, ADVOCATE FOR R1 & R2; SRI. S.B. PATIL, ADVOCATE FOR R3; SRI. G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R4 TO R6) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, MODIFY THE ORDER DATED 14.12.2023 IN W.P. NO.103789/2023 (GM-RES) PASSED BY THE LEARNED SINGLE JUDGE IN RESPECT OF HANDING OVER THE ORIGINAL TITLE DEEDS OF THE MORTAGED PROPERTY TO THE RESPONDENT NO.1 AND 2. IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THE CONTEMPT PETITION AND THE WRIT APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND - 4 - HC-KAR NC: 2025:KHC-D:7923-DB CCC No. 100103 of 2024 C/W WA No. 100530 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) After arguing for sometime, learned counsel for the petitioners-complainants in the contempt petition submits that the matter may be remanded to the learned Single Judge who passed the order in W.P.No.103789/2023. 2. Learned counsel for respondent No.1 and the appellant in W.A.No.100530/2024, does not object to the submission made by the learned counsel for the petitioners-complainants. 3. Accordingly, both the matters stand disposed of without going into the merit of the matters, directing the office to list the matters before the learned Single Judge who passed order in W.P.No.103789/2023. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 4