Karnataka High Court
Sri Syed Alemmullah vs Smt Muniyamma on 30 September, 2024
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NC: 2024:KHC:40752-DB
CCC No. 903 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
CCC NO. 903 OF 2024 (CIVIL)
BETWEEN:
1. SRI SYED ALEEMULLAH
S/O. LATE S.A. JALEEL,
AGED ABOUT 65 YEARS,
R/AT NO.13 AND 14, 7TH CROSS,
PANDURANGANAGAR,
BANNERGHATTA ROAD,
BENGALURU - 560 076.
2. SRI ASWATHANARAYANASWAMY,
S/O. SRI MUNIYAPPA,
AGED ABOUT 45 YEARS,
R/AT KDICHIKKANAHALLI VILLAGE,
BEGUR HOBLI, IIMB POST,
Digitally signed BANNERGHATTA ROAD,
by VALLI BANGALORE - 560 068.
MARIMUTHU
Location: High 3. M/S. S.A. DEVELOPERS,
Court of A PROPRIETARY CONCERN,
Karnataka
NO.950, 1ST FLOOR, 27TH 'A' MAIN,
9TH BLOCK, BENGALURU - 560 069.
REPRESENTED BY
SRI SYED ALEEMULLAH
PRESENTLY NO.52/3, 2ND FLOOR,
RANKA COLONY ROAD,
NEXT TO EPITOME CRONE,
B.G. ROAD, BENGALURU - 560 076.
...COMPLAINANTS
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NC: 2024:KHC:40752-DB
CCC No. 903 of 2024
(BY SRI NATARAJA H. T., ADVOCATE)
AND:
1. SMT. MUNIYAMMA
W/O. MARAPPA,
AGED ABOUT 74 YEARS,
2. SMT. KRISHNAMMA,
D/O. MARAPPA,
AGED ABOUT 48 YEARS,
3. SMT. VENKATALAKSHMAMMA
D/O. MARAPPA,
AGED ABOUT 43 YEARS,
4. SMT. MANGALA,
D/O. MARAPPA,
AGED ABOUT 38 YEARS,
5. SMT. KAVERAMMA,
D/O. MARAPPA
AGED ABOUT 36 YEARS,
ACCUSED NOS.1 & 6 ARE
R/AT BILEKAHALLI VILLAGE,
BEGUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU DISTRICT,
BENGALURU - 560 076.
...ACCUSED
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURT ACT, BY THE COMPLAINANT, WHEREIN
PRAYS THAT THE HON'BLE COURT BE PLEASED TO TAKE
COGNIZANCE OF THE OFFENCE COMMITTED BY THE ACCUSED
NO.1 AND 4 AND TO INITIATE CONTEMPT OF COURT
PROCEEDINGS AGAINST THEM FOR WILLFUL AND DELIBERATE
DISOBEDIENCE OF THE INTERIM ORDER PASSED BY THIS
HON'BLE COURT IN RFA NO.2140/2019 ON 29.01.2020 IS AT
ANNEXURE-A AND TO AWARD THE COST OF THE PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CCC No. 903 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
It could not be disputed by learned advocate for the
complainants that the order which is brought under the contempt
jurisdiction is an interim order dated 29.01.2020 passed by the
Division Bench of this Court in Regular First Appeal. It required the
parties to maintain status quo until further orders.
2. If the breach of the aforesaid order is alleged, the remedy
available for either of the parties is before the same Court to file
appropriate application.
3. Leaving the complainants at liberty to move such application
in relation to breach of the interim order and further in view that the
order being the interim order does not determine the rights of the
NC: 2024:KHC:40752-DB
parties finally, the present contempt proceeding is not entertained.
It is accordingly disposed of, however, without expressing any
opinion on merits.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
DDU
