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2001 Supreme(Kar) 603

N.K.JAIN, N.KUMAR
HANAMAWA – Appellant
Versus
B. ALLA BAKSH – Respondent


Advocates:
B.VEERAPPA, M.N.SHESHADRI, M.R.Nanjunda Gowda, P.H.GOTKHINDI, RAGHUNATH MANVI, S.B.Hebballi

N. K. JAIN, C. J.

( 1 ) THIS contempt petition has been filed for non-compliance of the prohibitory order dated 30-6-1997 passed on la. No. I in o. s. No. 78 of 1997 by the learned civil judge (junior division), bilagi.

( 2 ) NEITHER the complainant nor his counsel is present. On earlier occasion also the complainant was not present. As the facts culled out vide interim order dated 30-6-1997, the learned civil judge (junior division), bilagi in the original case No. 78 of 1997 directed as "you opponent No. 5 is hereby restrained not to disburse the compensation amount to opponent nos. 1 to 4 in respect of land in survey No. 18b/1 and 18b/2 of kandagal village to the extent of plaintiffs' alleged l/3rd share till disposal of la. No. I on merits". But the allegation is that the same has not been complied with. As per the averment, the endorsement of the process server shows that the said order was served on respondent 1 on 2-7-1997. It is also stated that the learned civil judge (junior division) decreed the suit on 15-1-1999, awarding l/3rd share in the suit schedule property. A final decree was also drawn on 17-3-1999. It revealed that as per the office objections, this contempt wa







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