Vithal S/O Shantappa Biradar vs Vijayakumar S/O Mallappa Doni
2023 Latest Caselaw 836 Kant

Citation : 2023 Latest Caselaw 836 Kant
Judgement Date : 12 January, 2023

Karnataka High Court

Vithal S/O Shantappa Biradar vs Vijayakumar S/O Mallappa Doni on 12 January, 2023

Bench: Sreenivas Harish Kumar, T G Gowda

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          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

    DATED THIS THE 12TH DAY OF JANUARY 2023

                        PRESENT

THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR

                          AND

THE HON'BLE MR.JUSTICE T.G.SHIVASHANKARE GOWDA

             CCC No.200056/2022 (CIVIL)

Between:

Vithal S/o Shantappa Biradar
Age: 76 years, Occ: Business
R/o Opp. Hotel Madhuwan
Station Road
Vijayapura-586103
                                           ...Complainant
(By Sri Amresh S. Roja, Advocate)

And:

Vijayakumar S/o Mallappa Doni
Age: 59 years, Occ: Business
R/o Hotel Kanishka, Station Road
Vijayapur-586101
                                               ...Accused

(Respondent/Accused is served)

       This CCC is filed under Article 215 R/w U/s 10 of
Contempt of Court Act, praying to initiate contempt
proceeding and punish the accused under the Contempt of
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Court Act for overreaching the judgment and decree
granting relief of perpetual injunction passed by the
Principal Senior Civil Judge at Vijayapur in Annexure-A
O.S.No.63/2012        and   O.S.No.218/2007,          as    well    the
modified order passed by the 2nd Additional District Judge
Vijayapura in Annexure-B and C in RA 124/2015 and
125/2015 dated 12.04.2021 i.e., confirming the judgment
and decree in O.S.No.63/2012 and O.S.No.218/2007 in
respect of relief of perpetual injunction, in the interest of
justice.


        This   petition   coming       on   for   orders,   this   day,
Sreenivas Harish Kumar J., made the following:


                            ORDER

This contempt petition is filed for violating

decree of injunction passed by the Principal Senior

Civil Judge, Vijayapura in O.S.No.63/2012 and

O.S.No.218/2007 and confirmed by the appellate

court with some modification.

The decree is executable in accordance with

Order 21 Rule 32 CPC. The jurisdiction of this court

under the Contempt of Courts Act cannot be invoked.

Therefore, this contempt petition is dismissed. Liberty

is given to the complainant to execute the decree in

accordance with law.

Sd/-