IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA AND THE HON'BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR C.C.C. NO. 1712 OF 2017(CIVIL) BETWEEN:
SRI AFSAR HUSSAIN @ NATIQ S/O AMEER HUSSAIN AGED ABOUT 44 YEARS R/AT 4/3(5), PEMMEGOWDA BLOCK 13TH CROSS, MUNIREDDYPALYA, BENGALURU-560 006. …COMPLAINANT (BY SRI RAHAMATHULLA SHARIFF, ADV.) AND:
SYED AKMAL PASHA S/O SYED RAWUF PASHA AGED ABOUT 51 YEARS NO.19, 2ND MAIN ROAD ANKAPPA BLOCK, J.C.NAGAR BENGALURU-560 006. ...ACCUSED (BY SRI A. KUMARAVEL, ADV.) THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 10, 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971. PRAYING TO INITIATE CONTEMPT COURT PROCEEDINGS AGAINST THE ACCUSED FOR INTENTIONAL, WILFUL DISOBEDIENCE OF THE ORDER OF THIS HON’BLE COURT PASSED IN W.P.NO.32220 TO 32222/2016 (GM-CPC) DATED:13-07- 2016 AND ORDER PASSED IN EXECUTION PETITION NO.1039/2011 BEFORE THE SMALL CAUSES JUDGE, BENGALURU (SCCH-3) ORDER DATED 30-07-2016 AND 11-08-2016 PUNISH THE ACCUSED/RESPONDENT AND ISSUE DIRECTION TO THE RESPONDENT/ACCUSED TO QUIT VACATE AND HANDOVER POSSESSION OF RESIDENTIAL BUILDING NO.19, ANKAPPA BLOCK, MUNIREDDY PALYAM, NOW J.C.NAGAR, BENGALURU-56 IN ACCORDANCE WITH THE CONTEMPT OF COURTS ACT AND ISSUE SUCH OTHER DIRECTIONS AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE, AND AWARD COSTS OF THIS CASE.
THIS CCC COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
ORDER Heard learned counsel for the complainant and learned counsel for the accused.
After arguing the matter for some time, learned counsel for the complainant sought permission to withdraw this contempt petition.
Submission made is placed on record.
Contempt proceedings are permitted to be withdrawn reserving liberty to the complainant to take all contentions available to him in the Regular First Appeal pending before this Court or in any other proceedings, as and when necessity arises in respect of the petition schedule premises.
Sd/- JUDGE Sd/- JUDGE sac*