Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14430-DB CCC No. 1101 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO.1101 OF 2025
BETWEEN:
MR. PAVAN KUMAR S/O. SHIVAKUMAR AGED ABOUT 30 YEARS RESIDING AT NARAYANPURA GURUMATKAL (RURAL) KALBURGI-585 214 …COMPLAINANT (BY MR. RAJATH, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA MINISTRY OF HOME AFFAIRS REPRESENTED BY ITS CHIEF SECRETARY VIDHAN SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU-560 001
2.
MR. B. N. SHIVAKUMAR THE INSPECTOR R. R NAGAR POLICE STATION BENGALURU-560 060 …ACCUSED (BY SMT. NAMITHA MAHESH, B. G., A.G.A.)
Digitally signed by NIRMALA DEVI Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14430-DB CCC No. 1101 of 2025
THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN PRAYS TO INITIATE CONTEMPT PROCEEDINGS (CIVIL) AGAINST THE ACCUSED FOR INTENTIONALLY DISOBEYING THE ORDERS OF THIS HON'BLE COURT PASSED IN W.P.NO.9743/2025 DATED 02.04.2025 UNDER THE PROVISIONS OF THE CONTEMPT OF COURT ACT, 1971 AND TO PUNISH THE ACCUSED IN ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR ORDERS, 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 02.04.2025 passed by the learned Single Judge of this Court in Writ Petition No.9743/2025 (GM-RES) whereby the police officials were directed to cooperate and grant protection for Indian Bank to handover the possession of the subject property to the complainant. 2. The complainant is an auction purchaser, who has purchased the subject property pursuant to the Indian Bank taking over possession under the Securitisation and Reconstruction of
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HC-KAR NC: 2026:KHC:14430-DB CCC No. 1101 of 2025
Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act]. 3. The affidavit of compliance has been filed by the accused, wherein it is affirmed that full protection was granted to the complainant and the bank officials and the subject property, which is described hereunder was handed over to the complainant:
"DESCRIPTION OF THE IMMOVABLE PROPERTIES
All that piece and parcel of Residential House Consisting of Ground and First Floors Measuring Site Area 549.05 feet Totally Built up Measuring 1283 feet Constructed on Site Bearing No.666, HI Katha No.256 and Property no 259A BBMP Khatha No.330/19/285/256/259A/1/666 in Ward No.198, on the Site measuring East to West 19.75 Feet and North to South 27.8 feet in all Measuring 549.05 Sq.Ft. Property Situated in Pattanagere Village Kengeri Hobli Bangalore South Taluk Now Property comes under the Administrative jurisdiction of Bruhat Bangalore Mahanagara Palike and Bounded on
East by: Remaining Portion of the Same Property West by: Property No.665 North By: Road South by: Portion of the Property No.667"
4. The learned counsel for the complainant has also drawn the attention of this Court to a Panchanama, which indicates that the complainant had taken possession of the subject property on 15.05.2025 at 2.30 p.m. The photographs of the keys being handed over to the complainant have also been placed on record. - 4 -
HC-KAR NC: 2026:KHC:14430-DB CCC No. 1101 of 2025
5. In this view, we are unable to accept that the accused have been guilty of any disobedience of the orders passed by this Court. However, it appears that, the original owner has once again taken over the possession of the subject property and the complainant is aggrieved by the same. 6.
The learned Additional Government Advocate for the accused submits that a separate complaint in this regard has been registered and the same is being investigated. She assures this Court that necessary action in accordance with law would be taken and if it is found that the subject property has been trespassed on, the trespasser will, apart from being removed, be prosecuted. 7. In view of the above, the present complaint is closed. 8. All rights and contentions of the parties are reserved. SD/- (VIBHU BAKHRU) CHIEF JUSTICE
SD/- (C.M. POONACHA) JUDGE ND/List No.: 1 Sl No.: 11