Karnataka High Court
T.V. Sonnappa Reddy vs T.K. Mohan on 11 February, 2022
Bench: B.Veerappa, M G Uma
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CCC No. 969 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
THE HON'BLE MRS. JUSTICE M. G. UMA
CIVIL CONTEMPT PETITION NO. 969 OF 2021
BETWEEN:
1. T.V. SONNAPPA REDDY,
S/O LATE V.V. NARAYANA DEVA REDDY,
AGED ABOUT 65 YEARS,
RESIDING AT NO.115/1, 1ST MAIN,
NEAR UAS LAYOUT, RMV II STAGE,
NAGASHETTYHALLI,
BENGALURU - 5600094.
ALSO R/AT TARABAHALLI VILLAGE,
PELLYCHELRY POST AND HOBLI,
SIDDLAGHATTA TALUK,
CHIKKABALLAPUR DISTRICT,
KARNATAKA.
...COMPLAINANT
Digitally signed by
GAVRIBIDANUR (BY SRI. C. M. NAGABUSHANA., ADVOCATE)
SUBRAMANYA
GUPTA
SREENATH
AND:
Location: High
Court of 1. T.K. MOHAN,
Karnataka
S/O KRISHNAPPA,
AGED ABOUT 46 YEARS,
R/AT NO.350, BAGALUR VILLAGE,
JALA HOBLI, BENGALURU NORTH TALUK,
BENGALURU.
...ACCUSED
(BY SRI. VIVEK SUBBA REDDY, SENIOR COUNSEL FOR
SRI B.G. NANJUNDARADHYA, ADVOCATE)
****
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CCC No. 969 of 2021
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA, BY THE COMPLAINANT PRAYING TO
TAKE SUITABLE ACTION AGAINST THE ACCUSED BY
INITIATING THE CONTEMPT OF COURT PROCEEDINGS FOR
WILLFUL DISOBEDIENCE OF THE INTERIM ORDER DATED
01.10.2021 PASSED IN RFA 776/2021 BY THIS COURT AT
ANNEXURE-A AND PUNISH THE ACCUSED.
THIS CCC COMING ON FOR ORDERS THIS DAY,
B. VEERAPPA J., MADE THE FOLLOWING:
ORDER
The complainant filed the present contempt petition
under the provisions of Sections 11 and 12 of the Contempt of
Courts Act, 1971 praying to take action against the accused for
willful and deliberate disobedience of the interim order dated
1.10.2021 made in R.F.A. No.776/2021.
2. When the present contempt petition came up before
this Court on 25th January 2022, Sri C.M. Nagabhushan,
learned counsel for the complainant pointed out that the
Coordinate Bench of this Court in RFA No.776/2021 by the
order dated 1.10.2021 after hearing learned counsel for the
parties, has stayed the judgment & decree dated 11.08.2021
passed in O.S. No.952/2017 subject to deposit of certain
amounts and accordingly, the complainant has deposited the
CCC No. 969 of 2021
said amounts and filed the memo in the said RFA on
29.10.2021 for having deposited the amount. Inspite of the
same, Mr. H. Maregowda, the counsel who appeared for the
respondent in the RFA (present accused), has filed Execution
Case No.51 of 2021 in favour of the accused. Thereby this
Court observed that prima facie, it is a clear case of contempt
by the accused as well as his counsel, since Mr. H. Maregowda,
counsel who was representing the accused before the Division
Bench of this Court in RFA on 1.10.2021, has also identified the
accused in the affidavit filed on 12.11.2021 in Execution Case
No.51/2021. The matter was adjourned to file an affidavit of
the learned counsel, who appeared for the accused in RFA as
well as in the Execution Petition.
3. Today, Sri Vivek Reddy, learned senior counsel for the
accused has filed the personal affidavit duly sworn to by Sri H.
Maregowda, advocate, wherein it is specifically stated at
paragraphs 1, 2 and 3 as under:
" I, H. MAREGOWDA, S/o Late Hanumanthaiah,
Aged about 50 years, R/at No. 12, "Byraveshara
Nilaya" 4th 'A' Cross, Magadi Main Road, Maruthi
Nagara, Kamakshipalya, Bengaluru-560 079, do
CCC No. 969 of 2021
hereby solemnly affirm and state on oath as
follows:
1. I respectfully submit that, I am a practicing
Advocate, at Bengaluru and well conversant with
the facts and circumstances of the case as such I
am swearing this Affidavit.
2. I respectfully submit that, due to oversight an
error crept in the Affidavit filed before the Trial
Court in Ex. No.51/2021. The said mistake is not
deliberate and unintentional. I will be cautious in
future and not repeat such mistakes.
3. I submit that, I have got highest regards and
great respect towards the Hon'ble Court. Hence I
do hereby tender my unconditional apology before
this Hon'ble Court and humbly begs to pardon me."
4. In the affidavit sworn to by Sri H. Maregowda, it is
clearly stated that the mistake is not deliberate and
unintentional and he will be cautious in future and does not
repeat such mistakes and tendered unconditional apology.
Taking into consideration that Sri H. Maregowda is practicing
advocate for more than 22 years and there is no antecedent of
commission of such mistake earlier and accepting the
CCC No. 969 of 2021
unconditional apology tendered by him by way of affidavit, the
contempt proceedings are liable to be dropped.
5. In view of the above, we pass the following:
ORDER
i) The Contempt proceedings are hereby dropped.
ii) The accused is hereby warned not to repeat such
mistakes and to be careful in future.
SD/-
JUDGE
SD/-
JUDGE
GSS
