Holiyappa S/O. Magundappa Konnur vs Magundappa S/O. Allappa Hasabi on 29 November, 2021

[Cites 2, Cited by 0]

Karnataka High Court

Holiyappa S/O. Magundappa Konnur vs Magundappa S/O. Allappa Hasabi on 29 November, 2021

Bench: S. Sunil Dutt Yadav

                          1


          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

     DATED THIS THE 29TH DAY OF NOVEMBER, 2021
                      PRESENT
     THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                        AND
        THE HON'BLE MR.JUSTICE S. RACHAIAH
             CCC No. 100095/2021 [CIVIL]

BETWEEN:

SHRI.HOLIYAPPA
S/O MAGUNDAPPA KONNUR
AGE : 54 YEARS.
OCC : AGRICULTURE
R/O HANGARAGI, TAL: BADAMI
DIST: BAGALKOT, PIN:587201.
                                    ...COMPLAINANT

(BY SRI.S.C.HIREMATH, ADVOCATE)

AND:

1.     SHRI.MAGUNDAPPA
       S/O ALLAPPA HASABI
       AGE : 73 YEARS
       OCC : AGRICULTURE
       R/O: KENDUR, TAL : BADAMI,
       DIST : BAGALKOT, PIN - 587201.

2.     SHRI.RAVI
       S/O MAGUNDAPPA HASABI
       AGE : 36 YEARS
       OCC : AGRICULTURE
                        2


     R/O: KENDUR, TAL : BADAMI,
     DIST : BAGALKOT, PIN - 587201.

3.   SHRI.KUMAR
     S/O MAGUNDAPPA HASABI
     AGE : 31 YEARS
     OCC : AGRICULTURE
     R/O: KENDUR, TAL : BADAMI,
     DIST : BAGALKOT, PIN - 587201.

4.   SHRI.MALLAPPA
     S/O MAGUNDAPPA HASABI
     AGE : 41 YEARS
     OCC : AGRICULTURE
     R/O: KENDUR, TAL : BADAMI,
     DIST : BAGALKOT, PIN - 587201.
                                      ...ACCUSED

(V/O DT: 04.10.21 CCC STANDS
ABATED AS AGAINST A1;
A2 TO A4 ARE SERVED)


     THIS CONTEMPT PETITION IS FILED UNDER
SECTION 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971
READ WITH ARTICLE 215 OF CONSTITUTION OF INDIA,
1950 PRAYING TO INITIATE CONTEMPT OF COURT
PROCEEDINGS AGAINST THE ACCUSED FOR WILLFUL
DISOBEDIENCE OF THE INTERIM ORDER OF STAY
GRANTED BY THIS HON'BLE COURT ON 14.08.2020,
PASSED IN W.P NO.146636/2020, A COPY OF WHICH IS
PRODUCED AS PER ANNEXURE - L AND HE BE PUNISHED
ACCORDINGLY.

    THIS CCC COMING ON FOR ORDERS THIS DAY,
S.SUNIL DUTT YADAV. J., MADE THE FOLLOWING:
                                3



                          ORDER

Learned counsel for the complainant submits that there is contempt of the order of the Court insofar as the direction at paragraph (iv) passed in W.P No.146636/2020 has been violated by the accused. The direction at paragraph (iv) reads as under:

"iv) It is made clear that, till the first appellate Court decides the appeal, the order dated 09.10.2019 passed by the trial Court allowing I.A No.1 filed by the plaintiffs will remain in force during the pendency of the appeal before the first appellate Court."

It is further submitted that necessary application has been filed by the complainant herein before the trial Court under Order 39 Rule 2A of CPC to take action as against disobedience of the Court order. Taking note of the filing of the application under Order 39 Rule 2A of CPC before the jurisdictional Court, copy 4 of which is enclosed at Annexure - O, the contempt proceedings are dropped. However, the trial Court before which the application under Order 39 Rule 2A of CPC has been filed to expeditiously dispose of the said application as per law.

All the contentions of the parties are kept open. No further orders are called for in the present matter.

Sd/-

JUDGE Sd/-

JUDGE UN

Unlock Advanced Research with PRISMAI

Karnataka High Court