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High Court of Karnataka · body

2025 DAILYLAW 73139 (KAR)

C A SURESH v. DR KAVITHA YOGAPPANAVAR

CCC/81/2025 · 2025-10-23

C M Poonacha

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:41824-DB CCC No. 81 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 81 OF 2025 BETWEEN: 1. C.A. SURESH SON OF LATE C.M. ANEPPA AGED ABOUT 57 YEARS PROPRIETOR BHAVANI RICE MILL SEEGEHATTI, O.T. ROAD SHIVAMOGGA - 577 201. …COMPLAINANT (BY SRI P.N. HARISH, ADVOCATE) AND: 1. DR KAVITHA YOGAPPANAVAR MAJOR IN AGE COMMISSIONER SHIVAMOGGA MAHANAGARA PALIKE SHIVMOGGA - 577 201. …ACCUSED (BY SRI. GANGADHARAPPA A V., ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO TAKE THE COGNIZANCE OF THE CONTEMPT COMMITTED BY THE ACCUSED IN NOT OBEYING THE DIRECTION CONTAINED IN THE ORDER Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41824-DB CCC No. 81 of 2025 DATED 03.06.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P. NO.2312/2024 (LB-RES) AND TRY THE ACCUSED FOR CONTEMPT AND PUNISH HER IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant has filed the present complaint alleging willful disobedience of the order dated 03.06.2024 passed by the learned Single Judge in W.P.No.2312/2024. The operative part of the said order, reads as under: "10. Consequently, the writ petition stands disposed of with a specific direction to the third respondent - Commissioner, Shivamogga Mahanagara Palike to consider the application / representation given by the petitioner including the representation dated 16.04.2022 and this writ petition itself shall be treated as one more representation given by the petitioner and his request for entering the extent of land in the khatha Register shall be considered by the Commissioner. The entire exercise shall be completed as - 3 - HC-KAR NC: 2025:KHC:41824-DB CCC No. 81 of 2025 expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. 11. The petitioner is also hereby directed to furnish a copy of the Partition Deed dated 26.03.1997 along with any other documents which forms the basis of the claim of the petitioner for having the extent of land entered in the Khatha Register." 2. The accused has since issued an endorsement dated 01.04.2025 whereby the said representation has been disposed of. The accused has also filed statement of objections raising various averments. However, it is not necessary to examine the same. 3. Since the representation has been disposed of, the present complaint stands closed. However, this would not preclude the complainant from challenging the endorsement dated 01.04.2025, albeit, in accordance with law. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KS List No.: 1 Sl No.: 44