- 1 - HC-KAR NC: 2025:KHC:45374-DB CCC No. 1221 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO.1221/2024 BETWEEN: 1. SRI. J. ANTONEY RAJ S/O LATE JANARDHANA REDDY AGED ABOUT 40 YEARS R/AT NO.8, 7TH CROSS RAJEEV GANDHI ROAD JARAGANAHALLI BANGALORE SOUTH TALUK BANGALORE 560078. 2. SRI. J. SANTHOSH KUMAR S/O LATE JANARDHANA REDDY AGED ABOUT 38 YEARS R/AT NO.8, 7TH CROSS RAJEEV GANDHI ROAD JARAGANAHALLI BANGALORE SOUTH TALUK BANGALORE 560078. …COMPLAINANTS (BY SRI. MADHUSUDHAN M.N. ADV.,) AND: 1. M/S. SAI BALAJI SHELTERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.135 SY NO.58/85, OPP. SUBRAMANYA TEMPLE ROYAL COUNTY LAYOUT PARAPPANA AGRAHARA BANGALORE 560100 Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:45374-DB CCC No. 1221 of 2024 REP. BY ITS MANAGING DIRECTOR SRI. Y.M. LOKESH. 2. SRI. LOKESH Y.M. S/O MUNIVENKATAPPA AGED ABOUT 40 YEARS R/AT NO.258/A, 18TH MAIN 3RD SECTOR, HSR LAYOUT BANGALORE 560102. …ACCUSED (BY SRI. RAVI T.G. ADV., FOR A1 & A2) - - - THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO TAKE COGNIZANCE OF DISOBEDIENCE OF THE ORDERS PASSED IN MFA NO.7673/2023 C/W M.F.A. 844/2024 DATED 16.04.2024 BY THE ACCUSED NO.1 AND 2 AND THEREBY INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NO.2 AND PUNISH THEM IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This contempt petition is filed alleging willful disobedience of the order dated 16.04.2024 passed by the learned Single Judge in MFA No.7673/2024 c/w MFA No.844/2024. - 3 - HC-KAR NC: 2025:KHC:45374-DB CCC No. 1221 of 2024 2. The operative portion of the order reads as under: "(i) The appeal in M.F.A.No.7673/2023 is allowed in part and the judgment of the Trial Court is modified temporarily restraining the defendant Nos.1 to 3 from alienating 40% of the share of the owners till disposal of the suit and the developer is permitted to sell 60% of the flats after finishing the full construction. (ii) The appeal filed by the first defendant in M.F.A.No.844/2024 is dismissed." 3. Learned counsel for the complainants submits that the respondents-accused have not sold 40% of the share of the complainants and they have sold their share of 60% without completing the structure. 4. We have perused the order of the learned Single Judge. There is no such direction that the construction shall be completed and thereafter sale shall be made. 5. Without expressing any opinion, we are of the view that there is no willful disobedience of the order - 4 - HC-KAR NC: 2025:KHC:45374-DB CCC No. 1221 of 2024 passed by the learned Single Judge. Hence, the contempt proceedings are dropped keeping open all the contentions to be agitated before the Trial Court. Notice issued to the accused, if any stands discharged. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 3 Sl No.: 57