SRI KODEPPA S/O. BASALING GADDE, v. SRI BHARAMAPPA S/O. BHUJAPPA GADDE,
CCC/100334/2025 · 2025-11-26
Geetha K B, S G Pandit
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 61738 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61738 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16407-DB CCC No. 100334 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
CIVIL CONTEMPT PETITION NO. 100334 OF 2025 BETWEEN:
1.
SRI KODEPPA S/O. BASALING GADDE, AGED ABOUT 57 YEARS, OCC. AGRICULTURE,
2.
SRI RAMA S/O. MAYAPPA GADDE AGED ABOUT 50 YEARS, OCC. AGRICULTURE, BOTH R/O. SHIVAJI PARK TOTA, TQ. RAIBAG, DIST. BELAGAVI-PIN-591317. …COMPLAINANTS (BY SRI RAMACHANDRA A. MALI, ADVOCATE)
AND:
1.
SRI BHARAMAPPA S/O. BHUJAPPA GADDE, AGE ABOUT 36 YEARS, OCC. AGRICULTURE, R/O. SHIVAJI PARK TOTA, TQ. RAIBAG, DIST. BELAGAVI-591317.
2.
SRI BHUJAPPA S/O. BASALING GADDE, AGE ABOUT 65 YEARS, OCC. AGRICULTURE, R/O. SHIVAJI PARK TOTA, TQ. RAIBAG, DIST. BELAGAVI-591317.
3.
SRI SURESH R. MUNJE, TAHSILDAR, RAIBAG,
Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.03 14:45:29 +0530
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HC-KAR NC: 2025:KHC-D:16407-DB CCC No. 100334 of 2025
TQ. RAIBAG, DIST. BELAGAVI-591317. …ACCUSED
4.
THE STATE OF KARNATAKA REP. BY ADDL. ADVOCATE GENERAL OFFICE, HIGH COURT OF KARNATAKA, DHARWAD.
…PROFORMA RESPONDENT
(BY SRI. SHARAD V. MAGADUM, AGA FOR PROFORMA RESPONDENT)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO, INITIATE THE APPROPRIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED/CONTEMNORS NO. 1 TO 3 HEREIN FOR WILLFUL, INTENTIONAL AND DELIBERATE DISOBEDIENCE, VIOLATION AND NON COMPLIANCE OF THE ORDER DATED. 24-07-2025 MADE IN WP NO.104963/2025 (GM-CPC) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT VIDE ANNEXURE-D AMOUNTING TO GROSS CONTEMPT OF THIS HON’BLE COURT AND ACCORDINGLY TRY AND PUNISH THE ACCUSED IN ACCORDANCE WITH THE LAW AND ALSO IMPOSE EXEMPLARY COSTS UPON THE ACCUSED IN THE INTEREST OF JUSTICE AND EQUITY.
THIS 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 MRS JUSTICE GEETHA K.B.
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HC-KAR NC: 2025:KHC-D:16407-DB CCC No. 100334 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
This contempt petition is filed complaining disobedience of order dated 24.07.2025 in W.P. No.104963/2025(GM-CPC) whereunder the learned single judge has passed the following
order:-
ORDER (i) Petition is disposed of.
(ii) Liberty is reserved to the petitioners to approach the appropriate forum /Court to challenge the compromise decree in the manner known to law.
(iii) The execution and implementation of the compromise decree is stayed for a limited period of three weeks from the date of receipt of copy of this order.
2. Heard learned counsel Sri.Ramachandra A. Mali for complainant and learned AGA Sri.Sharad V. Magadum for respondent No.4 and perused the entire petition papers.
3.
Learned counsel Sri.Ramachandra A. Mali would submit that this Court disposed of the writ petition with liberty
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HC-KAR NC: 2025:KHC-D:16407-DB CCC No. 100334 of 2025
to the complainants to challenge the compromise decree in the manner known to law with further observations that execution and implementation of the compromise decree is stayed for a limited period of 3 weeks from the date of receipt of copy of this order. It is submitted that the complainants along with the memo dated 29.07.2025 brought to the notice of the Tahasildar, the order dated 24.07.2025 passed in WP No.104963/2025. It is the grievance of the complainant that, without waiting for expiry of 21 days, the Tahasildar passed orders at Annexure-F dated 18.08.2025. As the order passed by the Tahasildar is before the time granted by this Court,
learned counsel would submit that the same would amount to disobedience and contempt of this Court. However, for the Court query, learned counsel Sri Ramachandra Mali would submit that complainants on receipt of the order have not challenged the compromise decree and he submits that the complainants have filed only recall application in the suit where the compromise decree is passed.
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HC-KAR NC: 2025:KHC-D:16407-DB CCC No. 100334 of 2025
4. On hearing the parties, we are of the considered opinion that there is no disobedience or contempt of the order dated 24.07.2025 in W.P.No.104963/2025. The Tahasildar has passed the order on 21st day from the date of receipt of the
order. Further, the complainants have not obeyed or performed their part in terms of the order dated 24.07.2025 in W.P.No.104963/2025.
5. The complainants have failed to challenge the compromise decree in terms of the liberty granted by the learned single judge. In the absence of challenge to the compromise decree, the complainants could not seek only the benefit of stay of implementation and execution of decree for a period of 3 weeks as observed by learned single judge. Accordingly, contempt petition stands rejected. Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE HMB CT-CMU, LIST NO.: 1 SL NO.: 6