Sri H M Raghunath vs K Gopinath
2021 Latest Caselaw 5864 Kant

Citation : 2021 Latest Caselaw 5864 Kant
Judgement Date : 9 December, 2021

Karnataka High Court

Sri H M Raghunath vs K Gopinath on 9 December, 2021

Bench: B.Veerappa, K S Hemalekha

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 09TH DAY OF DECEMBER, 2021

                         PRESENT

            THE HON'BLE MR. JUSTICE B.VEERAPPA

                           AND

         THE HON'BLE MRS. JUSTICE K.S.HEMALEKHA

                C.C.C.No.656/2021 (CIVIL)

BETWEEN :

SRI H.M RAGHUNATH
S/O LATE H.T MADAPPA
AGED ABOUT 55 YEARS
R/AT NO.25, 4TH CROSS
ANUBHAVANAGAR
BANGALORE - 560072.
                                       ...COMPLAINANT

(BY SRI. SHARATH S GOWDA, ADVOCATE)

AND :

K GOPINATH
THE SECRETARY
GAVIPURAM EXTENSION
CO-OPERATIVE HOUSE BUILDING
SOCIETY LIMITED
BEHIND GAVIPURAM EXTENSION
POST OFFICE, HANUMANTHANAGAR
BENGALURU - 560019.
                                             ...ACCUSED
(BY SRI. M.B CHANDRACHOODA, ADVOCATE)

                           ***
                               -2-

     THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURT ACT, 1971, BY THE COMPLAINANT,
PRAYING   TO     HOLD    THE    ACCUSED     HEREIN    GUILTY      OF
CONTEMPT OF COURT FOR VIOLATING THE JUDGMENT DATED
28.05.2021 PASSED IN WA 4434/2016 C/W 2792/2018 IN
PARTLY DEMOLISHING THE SUBJECT PROPERTY, IN VIOLATION
OF THE SAME AND FURTHER PLEASED TO DIRECT THE
ACCUSED TO RESTORE THE CONSTRUCTIONS AS IT STOOD
BEFORE    IN    THE    SUBJECT      PREMISES   PERTAINING       THE
COMPLAINANT OR IN THE ALTERNATIVE TO PAY THE COST OF
CONSTRUCTION FOR RESTORING THE CONSTRUCTION ALONG
WITH DAMAGE AND GRANT SUCH OTHER RELIEFS.


     THIS      CCC    COMING    ON    FOR   ORDERS,    THIS     DAY,
B.VEERAPPA J., PASSED THE FOLLOWING:


                              ORDER

The complainant has filed the present Civil

Contempt Petition against the accused to take action

under the provisions of Section 11 and 12 of the

Contempt of Courts Act, 1971 for the willful

disobedience of the order of the Division Bench of this

Court dated 28.05.2021 made in W.A.No.2792/2018

C/w W.A.No.4434/2016, wherein, the Division Bench

had directed the accused not to demolish the subject

property and further direction was also issued to

restore the construction as it stood before the subject

premises pertaining to the complainant or in the

alternative to pay the cost of the construction for

restoring the construction along with the damages.

2. On issuance of notice, the accused have filed

objections on 21.10.2021 to the present contempt

petition, wherein, it is specifically stated in paragraph

Nos.9 and 14 as under;

"9. I submit that, the photographs shown in Annexures- R6, R7 and R8 showing the existing structure in site No.31, belongs to the complainant and we have not demolished the said building as shown in the photographs produced by us as per Annexures- R6, R7 and R8. The debris found in Annexure- R8 does not pertains to the property belongs to the complainant. The unfinished compound

wall is visible in the photographs Annexures- R7 and R8 are still in existence and we have not made any attempt to remove even the said compound wall or the building.

14. I further submit that, we have great respect and honour to the Order and the Judgment passed by this Hon'ble Court. We have no intention to violate the orders passed by this Hon'ble Court. We have not violated the order dated 28.05.2021 and we have not demolished the alleged house constructed by the complainant in site No.31. The photographs produced by us reflect that the sheet house put up by the complainant after the order dated 28.05.2021 is in existence and we have no demolished any portion of the sheet house. Therefore, under these circumstances, it is just and necessary to dismiss the complaint."

3. Admittedly the said assertion made by the

accused has not been disputed by the learned counsel

for complainant. It clearly indicates that there is no

violation of the order dated 28.05.2021 passed by the

Division Bench of this Court.

4. In view of the above, the Civil Contempt

Proceedings are hereby dropped. The complainant is

hereby warned not to misuse the provisions of

Contempt before this Court again.

Sd/-

JUDGE

Sd/-