IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE H.P.SANDESH CCC NO.1707 OF 2018 (CIVIL) BETWEEN:
MASTER MOHAMMED TOUFIQ SON OF MOHAMMED KHASIM SAB @ S. KHASIM AGED ABOUT 15 YEARS.
SINCE THE COMPLAINANT IS MINOR REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN MOHAMMED KHASIM SAB @ S. KHASIM RESIDING AT 6TH WARD MEHABOOB NAGAR GANGAVATHI GANGAVATHI TALUK KOPPAL DISTRICT.
PRESENTLY RESIDING AT CARE OF C. HONNUR SAB NO.42, GROUND FLOOR 2ND FLOOR MANJUNATH LAYOUT R.T. NAGAR POST BENGALURU-560 032. ... COMPLAINANT (BY SRI. NIRANJANA M., ADVOCATE FOR SRI. SHAKEEL AHAMED, ADVOCATE) AND:
MR. D. ANIL THE ADDITIONAL COMMISSIONER CUSTOMS (P AND V) AIR CARGO COMPLEX DIVISION AIR INDIA STATES AIR FREIGHT TERMINAL 2ND FLOOR BENGALURU INTERNATIONAL AIRPORT BENGALURU-560 300. ... ACCUSED (BY SRI. DILIP, ADVOCATE FOR SRI. K.V. ARAVIND, ADVOCATE) THIS CONTEMPT PETITION IS FILED UNDER SECTIONS 10 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE THE PROCEEDINGS UNDER THE CONTEMPT OF COURT ACT 1971 AND PUNISH THE ACCUSED FOR DISOBEDIENCE OF ORDER OF THE TRIAL COURT IN P AND SC NO.182 OF 2011 ORDER DATED 23.06.2016.
THIS CONTEMPT PETITION COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This contempt petition is filed on the ground that the order dated 23.06.2016 passed by the I Additional City Civil and Sessions Judge, Bengaluru City in P and S.C. No.182 of 2011 has been disobeyed. In terms of the said order, the petition filed under Section 372 of the Indian Succession Act was allowed. Thereafter, since the respondent/accused has not given any death benefits to the complainant herein, the instant petition is filed.
2. After hearing learned counsels, we do not find that any contempt has occurred. The order said to have been disobeyed is an order to the effect that the plea for grant of succession certificate was allowed and succession certificate has been given to the complainant herein. What happens thereafter is not the concern of this Court since, there is no other specific direction in the order dated 23.06.2016. The order is only to grant a succession certificate. Under the circumstance, we find that no contempt arises. The contempt petition is dismissed.
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JUDGE JUDGE ST