IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 30TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE H.P.SANDESH CCC NO.1163 OF 2019 (CIVIL) BETWEEN:
SMT. SUMA NIRANJAN WIFE OF B.P. NIRANJAN MURTHY, AGED ABOUT 48 YEARS, MIG-21, K.H.B. COLONY, T. NARASIPURA TOWN, MYSURU DISTRICT, MYSURU-571 124.
(BY SRI H. MALATESH, ADVOCATE) AND:
SRI M. PRAKASH SON OF SRI M.R. MANIKYARAJA SETTY, AGED ABOUT 49 YEARS, ... COMPLAINANT RESIDING AT NO.683, P.L.D. BANK ROAD, T. NARASIPURA TOWN, MYSURU DISTRICT-571 124.
(BY SRI S.V. ANGADI, ADVOCATE) ... ACCUSED THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA PRAYING TO HOLD THE GUILTY OF THE OFFENCE OF CONTEMPT PUNISHABLE UNDER SECTION 12 OF THE CONTEMPT OF COURTS ACT, 1971, FOR DISOBEYING THE ORDER PASSED IN WRIT PETITION NO.15471 OF 2019 DATED 21.06.2019 AND 08.07.2019 MARKED AS ANNEXURE-A AND A-1 AND PUNISH ACCUSED AS PER LAW, AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE.
***** THIS CCC COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed on the ground that the order dated 21.06.2019 and 08.07.2019, passed by the learned Single Judge in Writ Petition No.15471 of 2019, has been disobeyed. In terms whereof, respondent No.4 was directed not to carry out any further construction till the next date of hearing. It is submitted that the said interim order was extended on various dates. Since the construction continues, the instant petition is filed.
2. A counter affidavit is filed by the respondents- accused in the Court. An unconditional apology has been tendered by the accused for the delay in complying with the order of the learned Single Judge. The apology is accepted and the delay in complying with the order of the learned Single Judge is condoned. At para-3 of the Affidavit the respondent–accused has stated that he has not put up any construction pursuant to the order of the learned Single Judge and undertakes not to put up further construction subject to the order passed by the learned Single Judge.
3. In view of the submissions made and on considering the affidavit, we do not find any ground to proceed further in the matter. Hence, the contempt proceedings are dropped.
Sd/- Sd/-
JUDGE JUDGE JJ