M/S Arya Krishna Mansion ... vs Sri Narasimha Murthy K Kas
2021 Latest Caselaw 3217 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 24TH DAY OF AUGUST, 2021

                         PRESENT

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

                          AND

       THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ

              C.C.C. NO. 433 OF 2021 (CIVIL)

BETWEEN:
M/S ARYA KRISHNA MANSION
APARTMENT OWNER WELFARE
ASSOCIATION (REGD)
NO 38, CANARA BANK LAYOUT,
BESIDE GEOLOGICAL SURVEY OF INDIA,
VIRUPAKSHAPURA, VIDYARANYAPURA POST,
BENGALURU - 560097
REP. BY PAWANKUMAR JAYARAJ WODEYAR
S/O JAYARAJ K WODEYAR
AGED ABOUT 41 YEARS,
SECRETARY F.NO. 112, NO. 38,
CANARA BANK LAYOUT, BESIDE
GEOLOGICAL SURVEY OF INDIA
VIRUPAKSHAPURA,
VIDYARANYAPURA POST,
BENGALURU - 560 097.
                                   ... COMPLAINANT

(BY SHRI KAREDDY         BASAWARAJ       SIDDALINGAPPA,
ADVOCATE)

AND:
1.     SRI NARASIMHA MURTHY K, KAS.,
       THE THASHILDAR
       MINI VIDHANA SOUDHA,
       YELAHANKA
       BENGALURU 560064
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2.    JAGADEESH.K
      THE INSPECTOR OF POLICE
      KODIGEHALLI POLICE STATION,
      KODIGEHALLI,
      BENGALURU 560092
                                            ... ACCUSED
3.    STATE OF KARNATAKA
      REP. BY ITS PRINCIPAL SECRETARY
      DEPARTMENT OF REVENUE
      ROOM NO.505, 5TH FLOOR
      M.S.BUILDING
      BENGALURU-560 001
                       ... PRO FORMA RESPONDENT NO.3
                      (VIDE COURT ORDER DATED 01.07.2021)

(BY SHRI KIRAN KUMAR, HCGP FOR A-1,
 A-2 AND PRO FORMA RESPONDENT)
                        ---
      THIS C.C.C. IS FILED UNDER SECTIONS 11 AND 12
OF THE CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE
215 OF THE CONSTITUTION OF INDIA, 1950, BY THE
COMPLAINANT, WHEREIN HE PRAYS THAT THE HON'BLE
COURT MAY BE PLEASED TO ISSUE SUMMONS TO THE
ACCUSED PERSONS AND THEY MAY BE BROUGHT
BEFORE THIS HON'BLE COURT, TRIED AND PUNISHED
FOR   THE   OFFENCES     PUNISHABLE      UNDER      CIVIL
CONTEMPT OF COURT ACT, 1971 COMMITTED BY THEM,
FOR WILLFUL DISOBEDIENCE OF THE ORDER OF HON'BLE
HIGH COURT OF KARNATAKA DATED 25.03.2021 IN
W.P.NO.1285/2021 (GM-RES).


      THIS C.C.C. COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE
THE FOLLOWING:
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                             ORDER

The learned Additional Government Advocate has

produced for our perusal an order passed on 22nd July,

2021 in W.A. No.517 of 2021. He states that the said

appeal has been preferred for challenging the judgment

and order of which breach is alleged in this petition. He

pointed out that the judgment and order of which breach is

alleged has been stayed in the said appeal till 21st

September, 2021.

2. In view of the stay granted by the appeal Bench, we

dispose of this contempt petition. In the event the order of

stay is vacated and the order of which breach is alleged is

not complied, we permit the complainant to apply for revival

of this contempt petition.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

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