Sri.C. Alphones vs Mary Victoria
2023 Latest Caselaw 7080 Kant

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                                                       NC: 2023:KHC:36241-DB
                                                           CCC No. 949 of 2023



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 6TH DAY OF OCTOBER, 2023

                                           PRESENT

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

                                              AND

                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                           CIVIL CONTEMPT PETITION NO. 949 OF 2023

                   BETWEEN:

                   SRI.C. ALPHONES
                   S/O LATE B P CHINNAPPA,
                   AGED ABOUT 67 YEARS,
                   R/AT NO.142, OPP KIMCO FACTORY,
                   LINE HOUSES, MYSORE ROAD,
                   BAGNALORE-26
                                                               ...COMPLAINANT
                   (BY SRI. SUBBA REDDY K N.,ADVOCATE)

                   AND:
Digitally signed   1.    MARY VICTORIA
by SHARADA
VANI B                   D/O LATE B P CHINNAPPA,
Location:                AGED ABOUT 60 YEARS,
HIGH COURT               R/AT NO.142, OPP KIMCO FACTORY,
OF                       LINE HOUSES, MYSORE ROAD,
KARNATAKA                BANGALORE-26.

                   2.    SAMSON
                         S/O LATE B P CHINNAPPA,
                         AGED ABOUT 66 YEARS,
                         R/AT NO.142, KIMCO FACTORY,
                         LINE HOUSES,MYSORE ROAD,
                         BANGALORE-26.
                                                                    ...ACCUSED
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                                        NC: 2023:KHC:36241-DB
                                         CCC No. 949 of 2023



     THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE
CONTEMPT PROCEEDINGS AGAINST THE ACCUSED NO.1 AND 2
HEREIN FOR THEIR WILLFUL DISOBEDIENCE AND DELIBERATE
VIOLATION OF THE ORDER DATED 7.7.2020 PASSED BY THIS
HONBLE COURT IN RFA NO.796/2020 PASSED BY THIS
HONBLE COURT AND PUNISH THE ACCUSED IN ACCORDANCE
WITH LAW.


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


                          ORDER

The complainant was the appellant in RFA

No.796/2020 pending on the file of a learned Single Judge

of this Court, who vide ad interim order dated 07.07.2020

has said "Pending disposal of I.A No.1/2020, the parties

are directed to maintain status-quo. The parties shall

neither attempt to alienate or alter the nature of the

schedule property." The said RFA arose from a judgment

and decree entered in O.S No.1136/2010 by the learned

XV Additional City Civil Judge, Bengaluru.

2. Learned counsel for the complainant alleges that the

respondents in the RFA namely, the accused Nos.1 & 2

NC: 2023:KHC:36241-DB CCC No. 949 of 2023

herein who happened to be none other than his siblings

have violated the interim order mentioned above and

therefore, they should be summoned and tried for the

offence punishable under Sections 11 & 12 of the

Contempt of Courts Act, 1971.

3. Having heard the learned counsel for the complainant

and having perused the complaint papers, we decline

interference in the matter inasmuch as the complainant

has an alternate and equally efficacious remedy; he can

invoke the provisions of Code of Civil Procedure, 1908. It

hardly needs to be stated that, initiation of contempt

proceedings is a serious matter and that the jurisdiction of

contempt court for that purpose can be invoked but, only

sparingly and not as a matter of course. If an effective

alternate remedy avails to the litigant, that is one of the

grounds for relegating him to the same, of course as a

general rule.

NC: 2023:KHC:36241-DB CCC No. 949 of 2023

In the above facts and circumstances, these

proceedings are disposed of reserving liberty to the

complainant to take appropriate proceedings, if so

advised.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

Snb/