IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF AUGUST, 2024
PRESENT
THE HON’BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON’BLE MR JUSTICE S RACHAIAH
CRIMINAL CONTEMPT PETITION NO. 6 OF 2014
BETWEEN:
- SRI. H.A. INDRESH
S/O. LATE SRI. ANANTHASWAMY GOWDA,
AGED ABOUT 65 YEARS,
RESIDING AT NO.5, OPP ROAD TO
GOVT. HOSPITAL, NEW BANK COLONY,
BANGALORE 560062.
- SRI. H.A. JAGADEESH,
S/O. LATE SRI. ANANTHASWAMY GOWDA,
AGED ABOUT 57 YEARS,
RESIDING AT NO.5, OPP ROAD TO
GOVT. HOSPITAL, NEW BANK COLONY,
BANGALORE.
…PETITIONERS
(BY SRI. M.G. KUMAR, ADVOCATE)
AND:
SMT. V.K. RATNA
D/O LATE SRI. VOKKALIGARA KALAPPA,
W/O SRI. D.P. DAMODHAR,
AGED ABOUT 48 YEARS,
RESIDING AT BETTAGERI VILLAGE,
AMMATHINAD,
VIRAJPET TALUK,
KODAGU DISTRICT 571211
…RESPONDENT
(BY SRI. ACHAPPA B.P., ADVOCATE)
CRIMINAL CONTEMPT OF COURT PETITION FILED UNDER SECTION 15(1)(b) OF THE CONTEMPT OF COURTS ACT 1971 PRAYING TO: A) TO INITIATE CONTEMPT OF COURT PROCEEDINGS AND PUNISH THE ACCUSED FOR COMMITTING CONTINUOUS CRIMINAL CONTEMPT U/S 15(1)(b) OF THE CONTEMPT OF COURTS ACT, 1971 BY FILING R.F.A.NO.2104/2006 BEFORE THIS HON’BLE COURT, O.S.NO.11/2009 AND O.S.NO.72/2011 BEFORE THE SR. C.J., VIRAJPET TO OBSTRUCT THE FINAL DECREE DATED 13.2.2006 PASSED IN F.D.P.NO.1/1994 BY THE SR. C.J., VIRAJPET.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON’BLE MR JUSTICE K.SOMASHEKAR
and
HON’BLE MR JUSTICE S RACHAIAH
ORAL ORDER
(PER: HON’BLE MR JUSTICE K.SOMASHEKAR)
Sri.H.A.Jagadeesh, who is arraigned as Complainant No.2 in this contempt proceeding is directed relating to RFA No.2104/2006 and arising out of proceedings in O.S. No.11/2009 and 72/2011, on the file of the Court of the Senior Civil Judge, Virajpet, to obstruct the final decree proceedings dated 13.02.2006, arising out of the proceeding in FDP No.1/1994. It is in further seeking some intervention in terms of directions that the accused should deliver 1/4th share out of the suit schedule property depicted in O.S. No.67/1980, has directed and decreed by the Hon’ble Supreme Court of India in Civil Appeal No.7351/1995 to the Complainants, measuring 15 acres, 70 cents as demarcated in the sketch by the Court Commissioner in Annexure-H and allocated in Execution No.44/2007 on the file of the court of the Civil Judge (Senior Division) & JMFC Virajpet, free of all mortgages, encumbrances, loans, claims and such other reliefs. This is the criminal contempt proceedings as initiated by the Complainant as against the respondent/accused.
2. Learned counsel Sri.M.G.Kumar for Complainant is before the Court physically and the Complainants namely, Sri.H.A. Jagadeesh S/o. Late Sri.Ananthaswamy Gowda, who is arraigned as defendant is also present physically. Similarly, learned counsel Sri.B.P.Achappa for the respondent / accused is also present physically and Smt.V.K.Ratna who is present before the court physically. Whereas the learned counsel for the respondent / accused has filed a memo for seeking discharge in this matters. Whereas in this memo in detail it is stated that the Complainant and the accused have settled all the disputes emerged in between them and accordingly the accused had remitted a Demand Draft for a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) drawn on Union Bank of India, Virajpet / Chickpet Branch, dated 16.08.2024 in favour of the Registrar General, High Court of Karnataka and remitted the same before this Court on 19.08.2024 along with a memo. The same has been recorded in the presence of the learned counsel for the Complainant Sri.M.G.Kumar.
3. Whereas in condition No.2 in the memo which has been filed by the learned counsel for the respondent / accused, wherein it indicates that pursuant to the remitting of aforesaid Demand Draft in condition No.1 and in lieu of undertaking given before this court, the Complainant and accused appeared in FDP No. 081/2023, the said proceeding pending before the Principal Civil Judge and CJM, Mysore on 22.08.2024 and they have withdrawn the said case as settled before the Court in an issue emerged between the Complainant and accused. The copy of the daily orders as depicted in the website of the court is produced as Annexure-A for the purpose of perusal.
4. In the memo indicating in condition No.3 that in the light of the complaint and the accused having settled the difference arose between them and purged the contempt, if any, and further stating to drop the contempt proceeding which was initiated by the Complainant against the respondents but in this condition no.3 seeking discharging the accused and directing the Registry to release the amount of Rs.20,00,000/- (Rupees Twenty Lakhs Only) which is in the form of Demand Draft. As being submitted, it is in the name of the Registrar General, High Court of Karnataka. That Demand Draft it is indicating in condition No.1 in this memo. The Demand Draft in a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) it has to be released in favour of the Complainant and pass any further orders for the conclusiveness of the contempt proceedings which has been initiated by the Complainant against the Respondent/Accused.
5. The contempt proceeding as initiated by the Complainants, the first Complainant namely, Sri. H.A. Indresh S/o. Late Ananthswamy Gowda, the second Complainant namely, Sri. H.A. Jagadeesh, S/o. of Late Ananthswamy Gowda and they are arraigned as Defendants in the civil matters. But Sri. H.A. Jagadeesh who is arranged as Complainant No.2 in this contempt proceedings and wherein he is no other than the brother of Sri. H.A. Indresh who is arraigned as Complainant No.1 in this contempt proceedings. The status in which indicated in the matter is placed on record. Apart from the memo which is filed by the learned counsel for the Respondents whereas this contempt proceedings as initiated by the Complainant Nos.1 and 2 against the Respondent/Accused namely, V.K. Ratna D/o. Vokkaligara Kalappa, W/o. Sri. D.P. Damodhar who is arraigned as Plaintiff before the court where civil proceedings has been initiated. This are all the status which is indicating in this matter.
6. However, keeping in view the submission made by the learned counsel for the Complainant and so also the submission made by the learned counsel for the Respondent/Accused and more so the memo has been filed and it is based on the material available on record, but keeping view the submission made by the learned counsel for the parties in this contempt proceedings are concerned, it is deem it appropriate to refer the preceding order sheet dated 19.08.2024. But in the preceding order sheet which is indicating the above, it has been depicted in detail about the status of the parties to this contempt proceedings.
7. However, keeping in view the submission made by the learned counsel for the Respondent/Accused and so also in the presence of the learned counsel for the Complainants are concerned, it is deem it appropriate to state that and more so the reasons stated in the memo seeking discharge of this accused and in terms of drafting the contempt proceedings it is appraised to the Complainant H.A. Jagadeesh S/o. Late Sri. Ananthswamy Gowda who is present before the court physically and represented by the learned counsel Sri. M.G. Kumar. However, Complainant no.2 who is present before the Court physically and in the open court in the presence of the counsel has been fairly submitting that the memo which was filed by the Respondent/Accused be taken on record and also consideration of the memo for dropping the contempt proceedings.
8. In the meanwhile, after recording the status of the Complainant as well as the status of the accused, namely Smt. V.K. Ratna whereby represented by the counsel Sri. B.P. Achapppa, where the learned counsel for the Complainant in this matter submitting that in this matter the Complainant Nos.1 and 2 have been submitting the affidavit in terms of the reasons stated therein, but the counsel be directed to submitting the affidavit of Sri. H.A. Jagadeesh S/o. of Late Ananthswamy Gowda who is arraigned as a Complainant No.2 and wherein Complainant No.1 who is no other than brother of Complainant No.2 who has authorized him to submit the affidavit in this matter. Accordingly, the learned counsel Sri. M.G. Kumar be permitted to filing of an affidavit of Sri. H.A. Jagadeesh, S/o. Late Sri. Ananth Swamy Gowda and also on behalf of Complainant No.1 namely, Sri. H.A. Indresh S/o. late Ananth Swamy Gowda relating to dropping of this contempt proceedings initiated by Complainant Nos.1 and 2 against the Respondent/Accused namely, Smt. V.K. Ratna in terms of the arrival of the settlement which is stated in the memo and whereby seeking for drafting of the contempt proceedings.
9. However, keeping in view the submission made by the learned counsel for the Complainant in this matter as well as keeping in view the age factor of Complainant no.1 and he is aged about 75 years and more so Complainant no.1 has authorized Complainant No.2 who is present before the court physically that the amount of Rs.20,00,000/- (Rupees Twenty Lakhs Only) which is deposited before the Registrar General, High Court of Karnataka in the form of Demand Draft which is in detail stated in condition no.1 of the memo filed by the learned counsel for the Respondent/Accused. But keeping in view the submission made by the learned counsel for the Complainant in this matter and it is in the presence of the learned counsel for the respondent, it is deem it appropriate to state that when the matter has ended in settlement emerged in between the Complainant and respondents are concerned, it is deem it appropriate that the Complainant No.2 namely, Sri. H.A. Jagadeesh, S/o. Late Ananthswamy Gowda who is authorized by the Complainant No.1 who is no other than his brother be permitted to releasing that amount in his favour.
10. However, Sri. H.A. Jagadeesh, S/o. Late Ananth Swamy Gowda be permitted to and also releasing the amount of Rs.20,00,000/- (Rupees Twenty Lakhs Only) in his favour and also keeping in view the submissions made by the learned counsel for the Complainant and also the submission made by the learned counsel for the Respondent/Accused, but the learned counsel for the Complainant in this matter submitting that even though some civil disputes emerged in between the party to the proceedings, but the scope of mense profits proceedings was also initiated but the same was ended in closing of that issues also which is indicating in para – 2 of this memo. It is indicating that the proceedings in FDP No.081/2023 which was pending on the file of the court of the Principal Civil Judge and CJM, at Mysore but on 22.08.2024 and having withdrawn the said case as settled before this court. Accordingly, made an observation.
11. However, the memo which was filed by the learned counsel for the respondent/accused is taken on record and even in the presence of the respondent namely, Smt. V.K. Rathna who is arraigned as an accused and also in the presence of Complainant no.2 namely, Sri. H.A. Jagadeesh, S/o. late Ananthswamy Gowda, but keeping in view harmonious relationship be maintained between the parties to the proceedings this memo is taken on record and closing of this contempt proceedings.
Sd/-
(K.SOMASHEKAR)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE