Sri Govindareddy vs Sri N Sreeramareddy
2023 Latest Caselaw 1647 Kant

                                               -1-
                                                       CCC No. 118 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 1ST DAY OF MARCH, 2023

                                           PRESENT

                    THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                               AND

                            THE HON'BLE MR JUSTICE ASHOK S.KINAGI


                         CIVIL CONTEMPT PETITION NO. 118 OF 2023


                   BETWEEN:

                   SRI. GOVINDAREDDY
                   AGED ABOUT 50 YEARS
                   S/O LATE NYATHAPPA REDDY
                   R/AT CHAMBENAHALLI VILLAGE
                   GULLAHALLI POST, BUDIKOTE HOBLI
                   BANGARAPET TALUK - 563114
                                                           ...COMPLAINANT
Digitally signed
by R DEEPA         (BY SRI. A. CHETAN, ADVOCATE FOR
Location: High         SMT. G.K. BHAVANA, ADVOCATE)
Court of
Karnataka
                   AND:

                   1.    SRI N SREERAMAREDDY
                         AGED ABOUT 43 YEARS
                         S/O LATE NARAYANAREDDY
                         R/AT DINNAKOTHURU VILLAGE
                         YELESANDRA POST, BUDIKOTE HOBLI
                         BANGARAPET TALUK 563114

                   2.    SRI ANAND G
                         S/O GULLAPPA
                         AGED ABOUT 43 YEARS
                             -2-
                                        CCC No. 118 of 2023




     R/AT KODAGURKI VILLAGE
     BUDIKOTE HOBLI
     BANGARAPET TALUK 563114

3.   SMT SAVITHA C
     AGED ABOUT 46 YEARS
     W/O G ANANDA
     R/AT KODAGURKI VILLAGE
     BUDIKOTE HOBLI
     BANGARAPET TALUK 563114

4.   A S GOVINDA
     AGED ABOUT 42 YEARS
     S/O ASHWATHAPPA M
     R/AT NO 178, INORAHOSAHALLI VILLAGE
     BANGARAPET TALUK 563114
                                                 ...ACCUSED


     THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF THE
CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE
FOR WILLFUL VIOLATION OF ORDERS DATED 15.12.2022
PASSED IN WP NO.25127/2022 PRODUCED AS ANNENXURE-A
AND INITIATE CONTEMPT PROCEEDINGS AGAINST THE
ACCUSED FOR DELIBERATELY DISOBEYING THE ORDER OF
THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT.

     THIS CCC COMING ON FOR ORDERS THIS DAY, ASHOK
S. KINAGI, J., MADE THE FOLLOWING:

                          ORDER

This contempt petition is arising out of the interim

order dated 15.12.2022, passed in W.P.No.25127/2022.

2. Parties are referred to as per their ranking before

the learned Single Judge. Complainant is the petitioner.

CCC No. 118 of 2023

Accused No. 1 and 2 are respondents No.2 and 3 before

the learned Single Judge. Accused No.3 and 4 are not

parties before the learned Single Judge. Respondents

No.1 and 4 before the learned Single Judge are not made

parties to the present contempt petition.

3. The petitioner filed a suit in O.S.No.80/2020

against respondents No.1 & 2 for the relief of specific

performance of contract. In the said suit, the petitioner

filed an application I.A.No.4 seeking an order of temporary

injunction restraining respondents 1 and 2 from alienating

the schedule property pending disposal of main suit. The

trial Court allowed the application i.e., I.A.No.4 filed by the

petitioner. Respondent No.2 preferred an appeal in

M.A.No.15/2022 against the order passed on I.A.No.4.

The appellate Court allowed the appeal and set aside the

order passed on I.A.No.4 and consequently rejected

I.A.No.4. The petitioner aggrieved by the order passed by

the appellate Court in M.A.No.15/2022, filed a writ petition

in W.P.No.25127/2022. The learned Single Judge heard

CCC No. 118 of 2023

the matter on 15.12.2022, and passed an ad-interim order

restraining respondents 1, 3 and 4 from transferring or

otherwise creating any third party interest in the subject

property until next date of hearing and issued emergent

notice to respondents No.1, 3 and 4. It is alleged that

knowing about the ad-interim order passed by the learned

Single Judge, respondent No.3 has executed a registered

sale deed dated 16.12.2022, in favour of Accused No.4

herein. Thus, the respondents willfully disobeyed the

order passed by the learned Single Judge. Hence, the

petitioner has filed this contempt petition.

4. Heard learned counsel for the petitioner.

5. Learned counsel for the petitioner submits that

the petitioner has served a copy of writ petition on the

counsel appearing for the respondents before the trial

Court on 13.12.2022, and the matter was listed before the

learned Single Judge on 15.12.2022. The learned Single

Judge granted an ad-interim order on 15.12.2022. The

CCC No. 118 of 2023

respondent No.3 was well aware about the ad-interim

order passed on 15.12.2022 and on the next date,

executed registered sale deed in favour of accused No.4

herein. The respondent No.3 willfully disobeyed the order

of learned Single Judge. Hence, prayed to initiate action

against the accused/respondents.

6. Perused the records and considered the

submission of learned counsel for the petitioner.

7. The petitioner filed a suit in O.S.No.80/2020 for

the relief of specific performance of contract. In the said

suit, the petitioner filed I.A.No.4 seeking an order of

temporary injunction restraining the respondents from

transferring the suit schedule property during pendency of

suit. The trial Court after hearing the parties, vide order

dated 26.03.2022, allowed I.A.No.4 filed by the petitioner.

Respondent No.1 preferred an appeal in M.A.No.15/2022.

The appellate Court vide judgment dated 01.10.2022,

allowed the appeal and set aside the order passed on

CCC No. 118 of 2023

I.A.No.4. The petitioner aggrieved by the order passed in

M.A.No. 15/2022, preferred writ petition in

W.P.No.25127/2022 before the learned Single Judge. The

petitioner served a copy of writ petition on the counsel

appearing for respondent No.1 before the trial Court on

13.12.2022. The petitioner has produced copy of

presentation form vide Annexure-N, which discloses

service of notice on the counsel for respondent No.1

before the trial Court. The matter was listed before the

learned Single Judge on 15.12.2022. The learned Single

Judge after hearing the learned counsel for the petitioner,

granted an ad-interim order restraining respondents No.1,

3 and 4 in the writ petition and issued emergent notice to

respondents No.1, 3 and 4. The respondent No.3

executed registered sale agreement in favour of accused

No.4 on 16.12.2022. The petitioner has not produced any

record to show that the ad-interim order passed by the

learned Single Judge was brought to the notice of the

respondents. The respondents were not aware about the

passing of ad-interim order by the learned Single Judge.

CCC No. 118 of 2023

The petitioner has produced copy of letter dated

15.12.2022, addressed to Mr.M.Prasanna, Advocate,

informing about the ad-interim order granted on

15.12.2022. The said letter was received by the said

counsel on 16.12.2022, at 8.30 p.m., i.e., after execution

of the registered sale agreement by respondent No.3 in

favour of accused No.4. The petitioner has failed to

establish that respondents had the knowledge about the

ad-interim order passed by the learned Single Judge on

15.12.2022, and also failed to establish that the

respondents have willfully disobeyed the ad-interim order.

Hence, we are of the opinion that the petitioner has filed

this complaint under an erroneous assumption and

presumption. Accordingly, the contempt petition is

dismissed.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE RD