- 1 - HC-KAR NC: 2025:KHC:39256-DB CCC No. 643 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K CIVIL CONTEMPT PETITION NO. 643 OF 2023 BETWEEN: SRI. HANUMAPPA S/O LATE THAYAPPA, AGED ABOUT 90 YEARS, R/A SRI GANESHA KRUPA NO.19, 7TH CROSS, NEW BANK COLONY, CHUNCHANAGATTA MAIN ROAD, KONANAKUNTE, BANGALORE- 560 062. REPRESENTED BY HIS GPA HOLDER SRI H NAGARAJA …COMPLAINANT (BY SRI. R B SADASIVAPPA, ADVOCATE) AND: SRI. M.R. BHAGWAN SINGH S/O LATE M R RAJASINGH AGED ABOUT 66 YEARS R/A NO.522, 20TH MAIN, 35TH CROSS, 4TH T BLOCK, JAYANAGAR, BENGALURU- 560 041. …ACCUSED (BY SRI. KRISHNA MURTHY V., ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED HEREIN AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW FOR Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39256-DB CCC No. 643 of 2023 HAVING DELIBERATELY DISOBEYING THE ORDER OF THE LEARNED SINGLE JUDGE OF THIS HONBLE HIGH COURT OF KARNATAKA , BENGALURU DATED 19.4.2023 PASSED IN M.F.A NO.1853/2023 (CPC) C/W M.F.A. NO.1843/2023 (CPC) THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) Heard Shri R.B.Sadashivappa, learned counsel for the petitioner and Shri Krishnamurthy V., learned counsel for the respondent. 2. This contempt petition is initiated for the willful disobedience of the order passed in MFA No.1853/2023 c/w MFA No.1843/2023 dated 19.04.2023 wherein the learned Single Judge has passed the following order: " xxxxxx ii(a) The appellant-defendant is permitted to complete the construction of the existing building on the suit schedule property as indicated in the photographs, in accordance - 3 - HC-KAR NC: 2025:KHC:39256-DB CCC No. 643 of 2023 with law; it is further made clear that except completing the existing/incomplete construction, the appellant shall not be entitled to put up any fresh/new construction on any portion of the suit schedule property." 3. The learned Single Judge has directed the respondent to complete the existing/incomplete construction and also made it clear that the respondent is not entitled to put up any fresh/new construction on any portion of the suit schedule property. 4. Though it is vehemently contended by the learned counsel for the complainant that accused has constructed first floor of the building after the order of learned Single Judge by placing reliance on the photographs at Annexures C1 to C4 and D1 to D6, it could be gathered from records and photographs that since the order of the learned Single Judge permitted the respondent to complete the existing/incomplete construction, as rightly submitted by the learned counsel for the accused, after - 4 - HC-KAR NC: 2025:KHC:39256-DB CCC No. 643 of 2023 completing the first floor of the building, accused has not made any further construction in the said building. 4. In view of the above, we are of the view that contempt petition does not survive for any further consideration. However, the complainant is at liberty to urge all contentions in the original suit before the Trial Court. Accordingly, the contempt petition is closed. Sd/- (ANUSIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE YN List No.: 3 Sl No.: 25