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D Madesh And Others vs 12 Of Contempt Of Courts Act

High Court Of Karnataka|11 July, 2019
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JUDGMENT / ORDER

IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 11TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE H.P.SANDESH CCC NOS.928, 974 AND 975 TO 986 OF 2019 (CIVIL) BETWEEN:
1. D. MADESH SON OF LATE DEVAIYYA AGED ABOUT 48 YEARS 2. TAMMANI SON OF LATE CHINNASWAMY SHETTY AGED ABOUT 45 YEARS 3. PANNEER SELVAM SON OF LATE KRISHNA SHETTY AGED ABOUT 51 YEARS 4. K. GOVINDARAJ SON OF KRISHNA SHETTY AGED ABOUT 43 YEARS 5. M. SHIVAMURTHY SON OF LATE SEEME MADAYYA AGED ABOUT 41 YEARS 6. CHINNARAJ SON OF LATE EERAYYA AGED ABOUT 51 YEARS 7. NAGAMMA WIFE OF T. MADAPPA AGED ABOUT 56 YEARS.
8. M. MURTTHAMMA WIFE OF P. MADESH AGED ABOUT 43 YEARS 9. R. SATHYA MURTHY WIFE OF RAJAMANIKYAM AGED ABOUT 33 YEARS 10. T.M. SIDDAN SHETTY SON OF LATE MARRIMUTTU SHETTIYAR AGED ABOUT 61 YEARS 11. SELVI WIFE OF MURUGESH AGED ABOUT 25 YEARS REPRESENTED THROUGH POWER OF ATTORNEY HOLDER SHARVANA SON OF T.V. ARUMUGAM AGED ABOUT 55 YEARS.
12. R. DEVARAJ SON OF RAJU SHETTY AGED ABOUT 38 YEARS 13. MOHAN SON OF OBLI SHETTY AGED ABOUT 37 YEARS 14. SOMA SON OF DUNDASHETTY AGED ABOUT 35 YEARS. ... COMPLAINANTS (BY SRI. PRASHANTH P.N., ADVOCATE) AND:
SMT. GAYATHRI THE SECRETARY THE MALAI MAHADESHWARA SWAMY KSHETHRA DEVELOPMENT AUTHORITY MAHADESHWARA BETTA KOLLEGALA TALUK CHAMRAJANAGAR DISTRICT-571 490. ... ACCUSED (BY SRI. V.R. DATAR, ADVOCATE) THESE CONTEMPT PETITIONS ARE FILED UNDER SECTION 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE RESPONDENT-ACCUSED UNDER THE CONTEMPT OF COURT ACT, 1971 AND TO PUNISH THE RESPONDENT-ACCUSED HEREIN FOR SHOWING DISRESPECT, DISOBEDIENCE AND DEFAME TO THE ORDERS PASSED BY THIS COURT ON 13.07.2018 IN WRIT PETITION NO.29466 TO 29464 OF 2018.
THESE CONTEMPT PETITIONS COMING ON FOR FRAMING OF CHARGES THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER These contempt petitions are filed on the ground that the order dated 13.07.2018 passed by the learned Single Judge of this Court in Writ Petition Nos.29446 to 29464 of 2018 has been disobeyed. In terms whereof, the Secretary-respondent No.2 therein was directed to consider the representations of the petitioners within a period of four months from the date of receipt of a certified copy of the aforesaid order.
2. An affidavit has been filed by the accused enclosing a copy of the endorsement dated 26.11.2018/27.11.2018. An additional affidavit is also filed tendering unconditional apology for the delay in complying with the order of this Court within the time frame.
3. The reasons assigned in the affidavit are accepted. Delay in complying with the order dated 13.07.2018 is condoned. In view of the compliance of the direction passed by the learned Single Judge, nothing further survives for consideration. Accordingly, the contempt proceedings are dropped.
Sd/- Sd/-
JUDGE JUDGE akc/
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Title

D Madesh And Others vs 12 Of Contempt Of Courts Act

Court

High Court Of Karnataka

JudgmentDate
11 July, 2019
Judges
  • H P Sandesh
  • Ravi Malimath