- 1 - HC-KAR CNR: KAHC010224522023 NC: 2026:KHC:52469-DB CCC No. 441 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH 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. 441 OF 2023 BETWEEN: SRI.K. MANJUNATH S/O LATE KOTTAPPA AGED ABOUT 58 YEARS, RESIDING AT 8/A, 1ST MAIN ROAD, NEAR 108 'B' BUS STOP, GANGANAGAR, BENGALURU – 560 032. …COMPLAINANT (BY SRI. NARAYANA SWAMY V.K.,ADVOCATE) AND: 1. SRI. MUNIRAJU, S/O NOT KNOWN, AGED ABOUT 55 YEARS, 2. SMT PUSHPA W/O SRI MUNIRAJU AGED ABOUT 47 YEARS BOTH ARE RESIDING AT NO.17, 1ST MAIN ROAD, NEAR 108 B BUS STOP, GANGANAGAR, BANGALORE – 560 032. …ACCUSED (BY SRI.B.KRISHNAGOWDA, ADVOCATE FOR A1 & A2) Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010224522023 NC: 2026:KHC:52469-DB CCC No. 441 of 2023 THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE APPROPRIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEDIENCE OF THE ORDERS PASSED BY THIS HON’BLE COURT IN MFA NO.1681/2023 (CPC) DATED 15.3.2023 AT ANNEXURE-A AND COMMIT THEM TO CIVIL IMPRISONMENT IN ACCORDANCE WITH LAW 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) The present contempt petition has been filed alleging willful disobedience and non compliance of the order dated 15.03.2023 passed in MFA No.1681/2023 (CPC) instituted by the complainant against the order dated 02.03.2023 passed in O.S.No.25312/2023 by the LVII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (CCH- 58) under Order 39 Rule 1 and 2 of Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’ for - 3 - HC-KAR CNR: KAHC010224522023 NC: 2026:KHC:52469-DB CCC No. 441 of 2023 short), whereby the prayer for interim injunction against the alleged contemnors/ respondents for not putting up any construction and encroachment upon Western side of the complainants suit schedule property measuring 5 ft. was rejected. 2. This Court disposed off the said appeal by directing respondents/defendants/ alleged contemnors not to put up any construction on the vacant space, if any, situated at Western side of the plaintiff’s suit schedule property, till disposal of the suit by the trial Court and by directing the trial Court to dispose of the suit as expeditiously as possible and preferably within a period of six months. 3. After the said order came to be passed by this Court in MFA No.1681/2023 it appears that the respondents/alleged contemnors have filed O.S.No.2953/2023 on the file of XLI Additional City Civil and Sessions Judge, Bengaluru City whereby his - 4 - HC-KAR CNR: KAHC010224522023 NC: 2026:KHC:52469-DB CCC No. 441 of 2023 application for temporary injunction filed under Order 39 Rule 1 and 2 of CPC was allowed vide order dated 25.11.2023. Against the said order passed on 25.11.2023 under Order 39 Rule 1 and 2 of CPC in O.S.No.2953/2023, the complainant had filed MFA No.8360/2026 before this Court. This MFA has been dismissed after considering the report of the Court Commissioner. This Court has held that Court Commissioner’s report would show that there was no vacant space between the property of the complainant and defendant. The trial Court has rightly granted an order of injunction restraining the defendants in interfering with the possession of the suit schedule property. As the learned single Judge vide order 04.04.2024 passed in MFA No.8360/2023 on the basis of the commissioner’s report had found that there is no vacant space adjacent to the property of the complainant and the alleged contemnor, we find no contempt is made out and the contempt notice stands discharged. - 5 - HC-KAR CNR: KAHC010224522023 NC: 2026:KHC:52469-DB CCC No. 441 of 2023 4. Pending suit should be decided together and both should be consolidated for which the complainant should file application before the District Judge for consolidation of both the suits. Suits should be decided on their own merits without being influenced by the order passed by this Court. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK List No.: 1 Sl No.: 7