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2025 DAILYLAW 82687 (KAR)

SRI H P VEDAVYASCHARYA v. SRI LOKESH NAIK M L

CCC/33/2024 · 2025-10-30

Anu Sivaraman, Vijaykumar A Patil

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:43410-DB CCC No. 33 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CIVIL CONTEMPT PETITION NO. 33 OF 2024 BETWEEN: 1. SRI H P VEDAVYASCHARYA S/O LATE HAVERI PRANESH CHARYA, AGED ABOUT 67 YEARS, OCCUPATION: ADVOCATE. 2. SMT. LATHA S W/O H P VEDAVYASCHARYA, AGED ABOUT 60 YEARS, BOTH ARE R/AT B91, SAMEERPURAM, M.G.K. MURTHY LAYOUT, APPURAO CROSS ROAD, 6TH MAIN, CHAMRAJPET, BENGALURU-560018. …COMPLAINANTS (BY SRI. NARAYANA RAO, ADVOCATE FOR SRI. RAJESWARA P N., ADVOCATE) AND: 1. SRI LOKESH NAIK M L S/O LATE SRI LACHAMA NAIK, AGED ABOUT 43 YEARS. 2. SRI PREMA BAI W/O SRI LOKESH NAIK M L AGE MAJOR, ACCUSED NO. 1 AND 2 ARE R/AT NO. 32/3, 1ST MAIN ROAD, Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:43410-DB CCC No. 33 of 2024 V V NAGARA, VASANTHAPURA, BENGALURU-560061. …ACCUSED (BY SRI. R. HEMANTH RAJ., ADVOCATE FOR A1 & A2) 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 AND RULE 5 OF THE HIGH COURT OF KARNATAKA CONTEMPT OF COURT PROCEEDINGS RULES, 1981, PRAYS THAT TO SECURE THE PRESENCE OF THE ACCUSED PERSONS AND TAKEN APPROPRIATE ACTION AGAINST THEM FOR WILLFULLY DISOBEDIENCE TO THE ORDER DATED 14.07.2022 IN W.P.NO.13980/2022 (GM-CPC). 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 interim order dated 14.07.2022 granted by the learned Single Judge in W.P.No.13980/2022. 2. The operative portion of the order dated 14.07.2022 reads as under: - 3 - HC-KAR NC: 2025:KHC:43410-DB CCC No. 33 of 2024 "The pendente lite purchasers namely Lokesh Naik M.L and Smt.Prema Bai pending consideration on an application filed under Section 151 of CPC are hereby restrained from carrying out any work in the schedule properties and also restrained from entering into till next date of hearing." 3. The accused entered appearance and filed detailed counter affidavit. Paragraph No.8 of the counter affidavit reads as under: "8. It is submitted that the accused persons during the subsisting of interim order granted by this Hon'ble court in W.P no.13980/2022 are not violated the interim order as alleged in the contempt petition and complaints in order to create the pressure on accused persons have filed this false and frivolous contempt Petition before this Hon'ble court. The accused persons at no point of time were violated the interim order granted by single judge of this Hon'ble court and there are the innocent persons." 4. Learned counsel for the accused submits that the writ petition filed by the complainants was disposed of on 22.10.2024 and thereafter the complainants have obtained interim order in O.S.No.3938/2015 which was challenged by the accused in W.P.No.8769/2025 and this Court vide order dated 25.03.2025 has passed the following order: - 4 - HC-KAR NC: 2025:KHC:43410-DB CCC No. 33 of 2024 "Heard. Issue notice to respondents. Stay of order dated 11.02.2025 passed by the LXXV Addl. City Civil and Sessions Judge, Bengaluru, on I.A.No.XVII in O.S.No.3938/2015, till the next date of hearing, subject to condition that if the petitioners carry out any work in the suit schedule property, the same will be subject to result of the writ petition." 5. In view of the counter affidavit and subsequent developments, we are of the considered view that there is no willful disobedience as alleged by the complainant. Hence, the contempt proceedings are dropped. However, these observations shall not come in the way of deciding the pending case. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 3 Sl No.: 22