Sri Sreenivasachari vs Sri Premachandra M V
2021 Latest Caselaw 1725 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 9TH DAY OF MARCH, 2021
                       PRESENT
      THE HON'BLE MR. ABHAY S. OKA, CHIEF JUSTICE
                         AND
   THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
                CCC NO. 230/2021 (CIVIL)

BETWEEN
SRI SREENIVASACHARI
S/O KRISHNACHARI
AGED ABOUT 63 YEARS
R/AT NO.70, 'M' BLOCK
JAYANAGARA, T.K. BLOCK
II STAGE, CHAMARAJA MOHALLA,
MYSURU - 570 023                           ...COMPLAINANT

(BY SRI NAGARAJA R C, ADVOCATE)

AND

SRI PREMACHANDRA M V
S/O LATE DR. M N VISHWANATHAIAH
AGED ABOUT 65 YEARS
R/AT NO.85, PANCHAVATI CIRCLE
V.V. MOHALLA, MYSURU - 570 023                ...ACCUSED

      THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA AND SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 BY THE COMPLAINANT
PRAYING TO PUNISH THE ACCUSED FOR DISOBEYING THE
JUDGMENT OF THIS COURT IN RSA NO.1165/2016 DATED
18.07.2017 AND ETC.

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

The breach alleged is of the judgment and order dated 18th

July 2017 passed in RSA No.1165/2016. The said judgment and

order modifies the decree of the District Court. The remedy of the

complainant is to execute the decree and therefore, the recourse

to contempt jurisdiction cannot be taken.

2. The petition is accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

bkv