Smt Sukanya vs R Palaniraju
2021 Latest Caselaw 1878 Kant

                            -1-


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF APRIL, 2021

                       PRESENT

   THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE

                            AND

   THE HON'BLE MR.JUSTICE JOHN MICHAEL CUNHA

             C.C.C NO.310 OF 2021 (CIVIL)

BETWEEN:
1. SMT. SUKANYA
   W/O PAPANNA
   AGED ABOUT 61 YEARS
   R/AT NO.3597, 19TH MAIN
   1ST CROSS, VIJAYANAGAR
   2ND STAGE, HEBBAL
   MYSORE - 570 017

2. SMT. SHASHIKALA
   W/O LATE RAMU
   AGED ABOUT 56 YEARS
   R/AT NO.1223, 11TH CROSS
   HEBBAL 1ST STAGE
   MYSORE - 570 018

3. SMT. VISHALAKSHI
   W/O M.K.SUNDARESH
   AGED ABOUT 54 YEARS
   R/AT NO.260, BRINDAVAN EXTENSION
   MYSORE - 570 020
                                      ... COMPLAINANTS
(BY SHRI PRITHVI RAJ B.N, ADVOCATE)

AND:
1. R.PALANIRAJU
   S/O P.S.RAMASUDHAKAR
   AGED ABOUT 51 YEARS
   R/AT NO.55, 47TH CROSS
   8TH BLOCK, JAYANAGAR
   BENGALURU - 560 087
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2. P.N.SUBRAMANYA
   S/O P.S.NAGARATHNAIAH
   AGED ABOUT 65 YEARS
   R/AT FLAT NO.DT1
   G.R.GRAND RESIDENCE
   NO.70, J.P.NAGAR 6TH PHASE
   KANAKAPURA ROAD
   BENGALURU - 560 078

3. CHETHAN B.L.
   PARTNER, M/S. ELA VENTURES
   S/O LAKSHMISHA
   R/AT NO.1046, C & D BLOCK
   NEW PANCHAMANTHRA MAIN ROAD
   KUVEMPUNAGAR
   MYSORE - 570 023

4. SMT. ANITHA
   SENIOR SUB-REGISTRAR
   SRIRANGAPATNA
   MANDYA DISTRICT - 571 438
                                                     ... ACCUSED
                               ---

      THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 PRAYING TO PUNISH THE
ACCUSED     NOS.1   TO    3    FOR    THE     ACT   OF   WILLFUL
DISOBEDIENCE OF THE TEMPORARY INJUNCTION ORDER
DATED 20.8.2016 AND 4.1.2017 PASSED IN O.S. NO.84/2016 BY
THE    ADDL.   SENIOR     CIVIL      JUDGE,    SRIRANGAPATNA
(ANNEXURE-A) AND ETC.

      THIS CCC COMING ON FOR ORDERS THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:


                              ORDER

The prayer clause (a) seeks action against the first to

third accused for alleged willful disobedience of the orders of

temporary injunction passed by the Civil Court. The

complainants have already adopted a remedy under Rule 2A of

Order XXXIX of the Code of Civil Procedure, 1908 (for short,

"CPC"). Hence, it is not necessary to entertain this contempt

petition.

2. The second prayer is for punishing the first to

fourth accused for disobedience of the decree passed in O.S

No.84 of 2016. A copy of the judgment has been annexed as

Annexure-D. The fourth accused is not a party to the suit.

Moreover, the decree can be executed under the provisions of

CPC.

3. The third prayer is for taking action against the

fourth accused who is the Sub-Registrar for not accepting the

certified copy of the order passed on 24th February 2021 in final

decree proceedings. An action for civil contempt can be

initiated only if it is pointed out that a breach has been

committed of the order of a Court or a breach has been

committed of an undertaking given to the Court. In this case,

there is neither an order of the Court operating against the

fourth accused nor reliance is placed on any undertaking given

by the fourth accused.

4. Therefore, this is not a fit case to initiate

proceedings under the Contempt of Courts Act, 1971.

However, all other remedies of the complainants are kept open.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB