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1998 Supreme(Kar) 633

CHIDANANDA ULLAL, B.PADMARAJ
ERAPPA – Appellant
Versus
CHANNABASAPPA – Respondent


Advocates:
B.VEERABHADRAPPA, S.SIDDAPPA

CHIDANANDA ULLAL, J.

( 1 ) THE complainant in the above contempt petition was the defendant No. 1 in OS No. 134/85 on the file of the Munsiff, Tarikere, whereas the respondent was the plaintiff No. 1, being the President of the Trust by name Sri Junjappa Devaru Temple Trust, Bhaktanakatte, Shivane Hobli, Tarikere Taluk along with two other plaintiffs by name, Basappa son of Siddappa and Naragappa son of Kengappa. The complainant at the first instance had filed the above contempt petition as a civil contempt petition under Art. 215 of the Constitution of India read with Ss. 10 and 11 of the Contempt of Courts Act, 1971 (henceforth in brief referred to as 'act' ). That subsequently, the said contempt petition came to be converted as a criminal contempt petition. The complaint of the complainant is two folds; firstly that the respondent having suppressed the material facts in WP No. 17474/87 resulted in wrong order or judgment in the said writ petition and further that, based upon that judgment in the writ petition, an amount of Rs. 11,00,000. 00 was withdrawn from the treasury that belonged to 'junjappa Devaru' deity and it is for that the complainant had filed subsequently a writ pe
























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