- 1 - HC-KAR CNR: KAHC010142872023 NC: 2026:KHC:51562-DB CCC No. 278 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN CIVIL CONTEMPT PETITION NO. 278 OF 2023 BETWEEN: KSM NIKETAN PVT.LTD A COMPANY REGISTERED UNDER PROVISIONS OF COMPANIES ACT, 1956 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR ADITYA KANKARIA AGED ABOUT 46 YEARS S/O SUBHASH CHAND KANKARIA HAVING ITS OFFICE AT ADMN OFFICE AT 74 KIADB INDUSTRIAL AREA 4TH PHASE, MALUR – 563130 (KOLAR DISTRICT) …COMPLAINANT (BY SRI. MANEESHA KONGOVI.,ADVOCATE) AND: 1. MRS MUNINARASAMMA AGED ABOUT 68 YEARS W/O LATE SHRI H C ANJINAPPA R/AT NO 232, MARUTHIKRUPA VILLAGE HAGADUR, WHITEFIELD BANGALORE 560066 2. SHRI H A SATISH KUMAR AGED ABOUT 44 YEARS Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010142872023 NC: 2026:KHC:51562-DB CCC No. 278 of 2023 S/O LATE SHRI H C ANJINAPPA R/AT HIMARSHANILAYA PENTHOUSE BLOKC B VIJETHA ELYSIUM APARTMENTS HAGADUR MAIN ROAD WHITEFIELD, BANGALORE 560066 3. SHRI H A NARENDRA KUMAR AGED ABOUT 46 YEARS S/O LATE SHRI H C ANJINAPPA R/AT HIMARSHANILAYA PENTHOUSE BLOKC B VIJETHA ELYSIUM APARTMENTS HAGADUR MAIN ROAD WHITEFIELD, BANGALORE 560066 4. SMT RENUKA AGED ABOUT 54 YEARS W/O SRI G MUNIYAPPA R/AT FLAT NO 103 BLOCK A VIJETHA ELYSIUM APARTMENTS HAGADUR MAIN ROAD WHITEFIELD, BANGALORE 560066 5. SMT BHAGYA AGED ABOUT 51 YEARS W/O SRI K S NARAYANASWAMY R/AT CHANDAN NIVAS KARIMARIYAMMA TEMPLE ROAD WHITEFIELD, BANGALORE 560066 6. SMT AMBUJA AGED ABOUT 49 YEARS W/O SRI RAMESH R/AT NO 68/40 DODDAIH LAYOUT ULSOOR JOGUPALYA BANGALORE 560008 7. SHRI H A SRINIVAS AGED ABOUT 46 YEARS - 3 - HC-KAR CNR: KAHC010142872023 NC: 2026:KHC:51562-DB CCC No. 278 of 2023 S/O LATE SHRI H C ANJINAPPA R/AT MARUTHIKRUPA HAGADUR WHITEFILED, BANGALORE 560066 8. SRI H A SOMASHEKAR AGED ABOUT 44 YEARS S/O LATE SRI H C ANJANAPPA R/AT PENT HOUSE BLOCK D VIJETHA ELYSIUM APARTMENTS HAGADUR MAIN ROAD WHITEFIELD, BANGALORE 560066 9. SMT ROOPA RANI AGED ABOUT 43 YEARS W/O CHANDRASHEKAR GOWDA R/AT HONGIRANA NILAYA THANISANDRA, SHIVARAMA KARANTH NAGAR POST, BANGALORE 560045 10. SMT KAVITHA AGED ABOUT 40 YEARS W/O K M CHAKRAPANI, R/AT NO 1298 RAJARAJESWARI ROAD KODIGEHALLI MAIN ROAD VIRUPAKSHAPURA BANGALORE 560 097. …ACCUSED (BY SRI. SAMMITH S, ADVOCATE FOR A1-A4 & A6 –A10; SRI. R.V. ANAND, ADVOCATE FOR R5) THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA AND THE CONTEMPT OF COURTS ACT, 1971, TO TAKE COGNIZANCE OF THE ACCUSED NO.1 TO 10 WILFUL DISOBEDIENCE OF THE ORDER DATED 07.07.2022 (ANNEXURE-A) AS PASSED BY THIS HON’BLE HIGH COURT IN - 4 - HC-KAR CNR: KAHC010142872023 NC: 2026:KHC:51562-DB CCC No. 278 of 2023 THE FILE OF COMAP NO.71/2022 C/W COMAP NO.6/2022 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH AND HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) Heard learned counsel Smt. Maneesha Kongovi appearing for the complainant. 2. The present contempt petition has been filed alleging willful disobedience of the order dated 07.07.2022 passed by the Coordinate Bench of this Court in COMAP No.71/2022 c/s. COMAP No.6/2022. 3. The parties have been before the Arbitral Tribunal where issue No. 4 was framed as under: “(iv) Respondents shall not use water from the borewells for commercial purpose.” - 5 - HC-KAR CNR: KAHC010142872023 NC: 2026:KHC:51562-DB CCC No. 278 of 2023 4. Issue No. 4 has been decided against the complainant and has been answered in negative. The parties are in appeal under Section 34 against the award passed by the sole Arbitrator. The contempt jurisdiction in such a situation cannot be invoked where the final determination of the rights of the parties over Villa No. 7 is yet to be decided. 5. We, therefore, find no contempt as such. Further, the respondent/alleged contemnor say that they are not interfering with the possession and enjoyment of Villa No. 7 by the complainant. In view thereof, we dispose of this contempt petition. Contempt notice stands discharged. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK List No.: 1 Sl No.: 7