Sri. B.V. Manjunatha Gowda @ ... vs Sri. Srinath C V
2022 Latest Caselaw 11723 Kant

                        1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 9TH DAY OF SEPTEMBER 2022

                    PRESENT

           THE HON'BLE MR. ALOK ARADHE
               ACTING CHIEF JUSTICE

                      AND

  THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

              C.C.C. NO.676 OF 2022


BETWEEN:

SRI. B.V. MANJUNATHA GOWDA
@ MANJUNATH
S/O SRI. VENKATAPPA
AGED ABOUT 42 YEARS
R/AT NO. 86, DWARAKA NILAYA
7th CROSS, GANESHANAGAR LAYOUT
VIRUPAKSHAPURA, BENGALURU 560 097.
                                ... COMPLAINANT
(BY MR. GANGADHAR, ADV., FOR
     MR. NARASIMHA MURTHY K, ADV.,)

AND:

SRI. SRINATH C.V.
AGED ABOUT 42 YEARS
S/O VENKATESHAPPA
R/AT CHALIGANAHALLI VILLAGE
KYALANUR HOBLI
KOLAR TALUK AND DISTRICT.
                                      ... ACCUSED
                       ---
                            2




     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,
PRAYING    TO   INITIATE   CONTEMPT      PROCEEDINGS
AGAINST   THE   ACCUSED        FOR   HAVING   WILLFULLY
DISOBEYED THE DECREE DATED 05.08.2014 PASSED
BY XIX ADDL. CITY CIVIL AND SESSION JUDGE AT
BENGALURU (CCH NO.18) IN O.S. NO.4438/2012 I.E.
ANNEXURE-A AND TO PUNISH THE ACCUSED.

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


                       ORDER

This petition has been filed for non compliance of

the judgment and decree dated 05.08.2014 filed in

O.S.No.4438/2012. Admittedly, the aforesaid decree

is executable and the petitioner has filed the petition

seeking execution of the same before the executing

court.

The decree being executable, the contempt

petition is not maintainable. The same is disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

SS