Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28265-DB CCC No. 99 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI CIVIL CONTEMPT PETITION NO. 99 OF 2025 BETWEEN:
1.
SRI G ANAND S/O. LATE D.R. GUNDURAJ, AGED ABOUT 73 YEARS,
2.
SRI G. SATHEESH S/O. LATE D.R. GUNDURAJ, AGED ABOUT 76 YEARS, BOTH THE COMPLAINANTS ARE RESIDING AT NO.623, 10TH A CROSS, 4TH MAIN, WEST OF CHORD ROAD, 2ND STAGE, MAHALAKSHMIPURAM, BENGALURU-560 086 …COMPLAINANTS (BY SRI SUBRAHMANYA P.D.DATTATRAY HEGDE, ADVOCATE) AND:
1.
M/S RELIANCE STATIONERY MART UNREGISTERED PARTNERSHIP FIRM AT OLD MUNICIPAL NO.126, PRESENT NO.55 AND 55/1, COMMERCIAL STREET, DIVISION NO.68, SHIVAJINAGAR, BENGALURU-560 001.
REPRESENTED BY ITS PARTNER SRI. S.K. RAJKUMAR
Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:28265-DB CCC No. 99 of 2025
2. SRI.S.K.RAJKUMAR, S/O. LATE S.V. KRISHNA MURTHY, AGED ABOUT 64 YEARS, PARTNER OF M/S. RELIANCE STATIONERY MART
3.
SMT. INDU RAJ KUMAR W/O. S. K. RAJKUMAR, PARTNER OF M/S. RELIANCE STATIONERY MART ACCUSED NOS.2 AND 3 HAVING BUSINESS AT OLD MUNICIPAL NO.126, PRESENT NO.55 AND 55/1, COMMERCIAL STREET, DIVISION NO.68, SHIVAJINAGAR, BENGALURU-560 001 …ACCUSED (BY SRI. VISHWAS GOWDA G M, ADVOCATE)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, BY THE COMPLAINANTS, WHEREIN PRAYS THAT THE HON'BLE COURT MAY BE PLEASED TO TAKE COGNIZANCE OF CONTEMPT OF COURT AGAINST THE ACCUSED FOR THE WILLFUL DISOBEDIENCE OF THE UNDERTAKING GIVEN IN THE JOINT MEMO DATED 21.10.2022 AND JUDGMENT AND DECREE MADE R.F.A.
NO.167/2008 (RES) DATED 21.10.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND INITIATE/TAKE UP CONTEMPT PROCEEDINGS AGAINST THE ACCUSED HEREIN AND ALSO TO PUNISH THE ACCUSED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:28265-DB CCC No. 99 of 2025
CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE)
1. The complainants have filed the present complaint praying that action be taken under the Contempt of Courts Act, 1971 [CC Act] for wilful disobedience of the compromise decree passed in R.F.A.No.167 of 2008 captioned 'Reliance Stationery Mart and others v. Sri D.R. Gunduraj [represented by legal representatives]'.
2. After hearing the parties, we are of the view that the remedy of contempt would not lie under the provisions of the CC Act and the apposite course for the complainants would be to take steps for execution of the compromise decree.
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HC-KAR NC: 2025:KHC:28265-DB CCC No. 99 of 2025
3. The present proceedings are closed with liberty to the complainants to initiate the proceedings for execution of the compromise decree.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE
KPS List No.: 1 Sl No.: 22