- 1 - HC-KAR CNR: KAHC010743462024 NC: 2026:KHC:39993-DB CCC No. 1399 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.1399 OF 2024 BETWEEN: 1. MR. SUNIL KUMAR NAHAR SON OF MR. GAUTAM NAHAR, AGED ABOUT 53 YEARS, OCCUPATION: BUSINESS, RESIDING AT NO.2, PANCHAVATI, 18TH CROSS, 10TH MAIN, MALLESHWARAM, BENGALURU - 560 055. 2. MR. AKASH KUMAR NAHAR SON OF MR. GAUTAM NAHAR, AGED ABOUT 45 YEARS, OCCUPATION: BUSINESS, RESIDING AT NAHAR MANSION, 1044, C CROSS PIPELINE, YESHWANTHPUR, BENGALURU - 560 022. REPRESENTED BY HIS DULY CONSTITUTED POWER OF ATTORNEY HOLDER, MR. SUNIL KUMAR NAHAR, SON OF MR. GAUTAM NAHAR, AGED ABOUT 53 YEARS, RESIDING AT NO.22, PANCHAVATI, 18TH CROSS, 10TH MAIN, MALLESHWARAM, BENGALURU - 560 055. …COMPLAINANTS (BY SMT. NIKITHA SURABHI, ADVOCATE, ALONG WITH SMT. PRANATHI S., SMT. DEAH NILIYARA, AND SRI ADITYA CHATTERJEE) Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010743462024 NC: 2026:KHC:39993-DB CCC No. 1399 of 2024 AND: 1. PEBBLE BAY OWNERS ASSOCIATION A SOCIETY FORMED UNDER THE PROVISIONS OF THE KARNATAKA REGISTRATION OF SOCIETIES ACT, 1960, HAVING ITS OFFICE AT A-11, 1ST MAIN, DOLLARS COLONY, RMV - II STAGE, BENGALURU-560 094. 2. MR. RAJKUMAR DASS PROPERTY MANAGER, PEBBLE BAY OWNERS ASSOCIATION, HAVING HIS OFFICE ADDRESS AT A-11, 1ST MAIN, DOLLARS COLONY, RMV II STAGE, BENGALURU-560 094. 3. MR. VEERENDAR VERMA SENIOR SECURITY SUPERVISOR, CMG SECURITY AGENCY, HAVING HIS OFFICE ADDRESS AT: #16, ST. MARKS ROAD, BENGALURU-560 010. 4. MR. RADHAKRISHNAN PRESIDENT OF PEBBLE BAY OWNERS ASSOCIATION, HAVING HIS OFFICE ADDRESS AT: A-11, 1ST MAIN DOLLARS COLONY RMV II STAGE, BENGALURU-560 094. 5. MR. V. PRAKASH TREASURER OF PEBBLE BAY OWNERS ASSOCIATION, HAVING HIS OFFICE ADDRESS AT: A-11, 1ST MAIN DOLLARS COLONY RMV II STAGE, BENGALURU-560 094. - 3 - HC-KAR CNR: KAHC010743462024 NC: 2026:KHC:39993-DB CCC No. 1399 of 2024 6. MR. NILESH DESHPANDE SECRETARY OF PEBBLE BAY OWNERS ASSOCIATION, HAVING HIS OFFICE ADDRESS AT: A-11, 1ST MAIN, DOLLARS COLONY, RMV II STAGE, BENGALURU-560 094. …ACCUSED (BY SRI RAMESH T., ADVOCATE, FOR SMT. DIVYA PRASAD) * * * THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, 1950 , PRAYING TO ALLOW THIS CIVIL CONTEMPT PETITION AND CONSEQUENTLY, INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH THEM FOR THE WILLFUL AND DELIBERATE DISOBEDIENCE OF THE COMMON JUDGMENT DATED 03.01.2024 PASSED BY THIS HONBLE COURT IN M.F.A. NO.7811/2023 CONNECTED WITH M.F.A. NO.6527/2023 PRODUCED AT ANNEXURE-A. THIS CIVIL CONTEMPT PETITION IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The direction issued by this Court, which is alleged to be not complied with, is as follows: - 4 - HC-KAR CNR: KAHC010743462024 NC: 2026:KHC:39993-DB CCC No. 1399 of 2024 "The water proofing shall be done at the cost of plaintiffs within period of three months, surrounding his plot, if plaintiff makes payment in order to keep his premises in order." 2. Even though the arguments have been placed by both side with regard to the matter, we notice that there is absolutely no mention or material produced before this Court to show that the plaintiffs, who are the complainants, have made any payment within a period of three months from the date of the judgment, or had sought, or had taken any steps to pay for the waterproofing, or provide any estimates with regard to the same. In the above circumstances, we are of the opinion that this aspect of the matter is not liable to be considered in the contempt of Court case. The contempt fails and is accordingly dismissed. However, this will not prejudice the contentions of the parties in the pending proceedings. 3. Notice, if any, issued to the accused shall stand discharged. - 5 - HC-KAR CNR: KAHC010743462024 NC: 2026:KHC:39993-DB CCC No. 1399 of 2024 All pending interlocutory applications shall stand closed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 3 Sl No.: 43