Smt.Bhushamma vs Smt.Sankuru Sakku Bai
2023 Latest Caselaw 2537 Tel

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                        AND
     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

                CONTEMPT APPEAL No.12 of 2023

JUDGMENT: (per the Hon'ble the Chief Justice Alok Aradhe)


       Mr. Manu, learned counsel appears for the appellants.


2.     This appeal under Section 19 of the Contempt of Courts

Act, 1971, has been filed against an order dated 28.08.2023

passed by the learned Single Judge in C.C.No.1221 of 2023 by

which     the     appellants    have     been    found      guilty   of

non-compliance of the judgment and decree dated 05.07.2022

in Second Appeal No.247 of 2021.


3.     By the aforesaid order dated 28.08.2023, appellant No.1

has been imposed a fine of Rs.25,000/-, and in default,

appellant No.1 has been sentenced to undergo imprisonment

for a period of one month. Appellant Nos.2 and 3 have been

directed to undergo imprisonment for a period of three (3)

months.


4.     The facts giving rise for filing of this appeal briefly

stated are that the respondent filed O.S.No.924 of 2005

CJ & NVSK, J

seeking the relief of eviction. The aforesaid civil suit was

decreed on 08.07.2020. The appellants filed A.S.No.25 of

2020 which was dismissed on 08.09.2021. The appellants

thereupon filed S.A.No.247 of 2021. The learned Single Judge

while dismissing the aforesaid Second Appeal vide judgment

dated 05.07.2022 directed the appellants to vacate the premises

in question within six (6) months and to file an undertaking

before the primary Court to that effect. The appellants

furnished an undertaking that they would vacate the premises

by 04.01.2023. However, the appellants did not vacate the

premises in question and they continued to be in possession of

the premises in question contrary to the undertaking furnished

by them. Thereupon, the respondent filed C.C.No.1221 of

2023 under Section 10 of the Contempt of Courts Act, 1971.

The learned Single Judge by an order dated 28.08.2023 has

found the appellants guilty of wilful disobedience of the

undertaking furnished by them as contained in the judgment

dated 05.07.2022 passed in S.A.No.247 of 2021 and has

imposed a fine of Rs.25,000/- on appellant No.1 and in default,

appellant No.1 has been directed to undergo imprisonment for CJ & NVSK, J

a period of one month. Respondent Nos.2 and 3 have been

directed to undergo imprisonment for a period of three (3)

months. In the aforesaid factual background, this appeal has

been filed.

5. Learned counsel for the appellants submitted that

appellant No.1 is an old aged person and is bedridden. It is

further submitted that the learned Single Judge has imposed a

fine of Rs.25,000/- on appellant No.1. It is further submitted

that appellant No.2 had handed over the possession of the

premises in question to the respondent. However, the aforesaid

aspect of the matter has not been appreciated by the learned

Single Judge.

6. We have considered the submissions made by the

learned counsel for the appellants and have perused the record.

7. Admittedly, the appellants have not complied with the

directions contained in the judgment dated 05.07.2022 in

S.A.No.247 of 2021 as well as the undertaking furnished by

them to the Court by which they agreed to vacate the premises

on or before 04.01.2023. The defence taken by appellant No.2 CJ & NVSK, J

that she handed over the possession of the premises in question

to the respondent in the month of July, 2023 is not

substantiated by any material on record. The appellant No.2 is

unable to say as to which day in July, 2023, she handed over

the possession of the premises in question to the respondent.

8. The appellants are guilty of wilful disobedience of the

judgment and decree dated 05.07.2022 passed by the learned

Single Judge in S.A.No.247 of 2021 as well as the undertaking

furnished by them before the Court. We therefore do not find

any ground to differ with the view taken by the learned Single

Judge.

9. In the result, the appeal fails and is hereby dismissed.

Miscellaneous applications, if any pending, shall stand

closed. There shall be no order as to costs.

___________________ ALOK ARADHE, CJ

________________________ N.V.SHRAVAN KUMAR, J 20th SEPTEMBER, 2023.

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