Sri A Sampath Kumar vs Mr M Nagaraj
2025 Latest Caselaw 3584 Kant

Karnataka High Court

Sri A Sampath Kumar vs Mr M Nagaraj on 5 February, 2025

Author: K.Somashekar

Bench: K.Somashekar

                                                    -1-
                                                             NC: 2025:KHC:5139-DB
                                                             CCC No. 934 of 2022




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 5TH DAY OF FEBRUARY, 2025

                                               PRESENT
                                THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                                    AND
                              THE HON'BLE MR JUSTICE VENKATESH NAIK T
                               CIVIL CONTEMPT PETITION NO.934 OF 2022

                      BETWEEN:

                      1.   SRI A. SAMPATH KUMAR
                           S/O. LATE T. ASWATHANARAYANAIAH
                           AGED ABOUT 68 YEARS
                           NO.43, 6TH CROSS, BFW LAYOUT
                           NEAR MANJUNATHASWAMY TEMPLE
                           LAGGERE
                           BENGALURU-560 058.

                      2.   SMT. B. VASUNDARAMMA
                           W/O. LATE RANGANATHASWAMY
                           AGED ABOUT 60 YEARS
                           DODDAAYYUR VILLAGE
                           POST: THYVANAHALLI
                           VAKKALERI HOBLI
                           KOLAR DISTRICT-563 101.
Digitally signed by                                               ...COMPLAINANTS
MOUNESHWARAPPA
NAGARATHNA
Location: HIGH             (BY MS. PRASANNA, ADVOCATE FOR SRI CHANDRANATH ARIGA K.)
COURT OF
KARNATAKA
                      AND:

                      1.   MR. M. NAGARAJ
                           TAHASHILDAR
                           KOLARA TALUK
                           KOLARA-563 101.

                      2.   THE STATE OF KARNATAKA
                           BY ITS SECRETARY
                           DEPARTMENT OF REVENUE
                           VIKASA SOUDHA
                                  -2-
                                          NC: 2025:KHC:5139-DB
                                           CCC No. 934 of 2022




    DR. AMBEDKAR ROAD
    BENGALURU-560 001.
                                                        ...ACCUSED
    (BY SMT. NAMITHA MAHESH B.G., AGA FOR ACCUSED NO.1 AND 2)

                             ***

      THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS
11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH
ARTICLE 215 OF CONSTITUTION OF INDIA PRAYING TO INITIATE
THE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED AND PUNISH
THE ACCUSED FOR DISOBEDIENCE OF THE ORDER DATED
22.10.2021 IN WRIT PETITION NO.16643 OF 2021.

     THIS CIVIL CONTEMPT PETITION IS COMING ON FOR ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:


CORAM:    HON'BLE MR JUSTICE K.SOMASHEKAR
          and
          HON'BLE MR JUSTICE VENKATESH NAIK T


                          ORAL ORDER

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

This Contempt proceeding has been initiated by the

complainants against the respondent/accused seeking

implementation of the order dated 22.10.2021 passed by the

learned Single Judge in W.P.No.16643/2021 (LR).

2. Ms. Prasanna, representing Sri. Chandranath Ariga K.,

learned counsel appearing for the complainants is present

before the Court physically and seeks for implementation of the

NC: 2025:KHC:5139-DB

order dated 22.10.2021, passed by the learned Single Judge in

W.P.No.16643/2021.

3. Learned Addl. Government Advocate appearing for the

respondent/accused submits that the writ proceeding is

pending for consideration.

4. Keeping in view the submission made by learned Addl.

Government Advocate, it is deemed appropriate to refer the

order dated 26.03.2024 rendered by the Co-ordinate Bench of

this Court in C.C.C(CIVIL)No.1237/2023, which reads as under:

"The contempt jurisdiction of this Court is invoked in respect of the order dated 26.04.2022 passed in Writ Petition No.8876 of 2022.

2. On going through the order, it is evident that thereby ad interim relief is granted against operation and execution of the impugned order dated 31.03.2022. The breach of the aforesaid order is alleged. The proceedings of the main writ petition are pending.

3. When the order is an interim order, by its very nature it does not determine rights of the parties finally. There are no trappings of finality in the order. In the aforesaid view, this Court is not inclined to entertain the contempt petition and it is

NC: 2025:KHC:5139-DB

not persuaded to exercise the power of contempt under the Contempt of Courts Act, 1971.

4. It will be open for the complainant to raise all contentions and work out its rights and remedies in the main proceedings in accordance with law.

5. Accordingly, the contempt petition stands disposed of as not entertained.

In view of disposal of the petition, the interlocutory application would not survive and it stands accordingly disposed of."

6. Whereas, judgment rendered by the Hon'ble Supreme

Court in the case of PRITHAWI NATH RAM Vs. STATE OF

JHARKHAND AND OTHERS reported in (2004) 7 SCC 261,

had addressed the issues and also scope of Section 2(b) and

Sections 11 and 15 of the Contempt of Courts Act, 1971,

wherein it is held that even if the interim order is subsequently

vacated or relief refused to a party in the main proceeding, it

cannot justify disobedience of such interim order passed by the

court.

7. Keeping in view the aforesaid reliance, it is deemed

appropriate that this contempt proceeding does not survive for

consideration.

NC: 2025:KHC:5139-DB

Accordingly, the contempt proceeding is hereby dropped.

Sd/-

(K.SOMASHEKAR) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE

PHM