B. VEERAPPA, K. S. HEMALEKHA
Somanna, S/o. Late Nagaraju – Appellant
Versus
Late T. M. Mahadevappa, S/o. Late Marilingappa Since Deceased By His LRs. – Respondent
ORDER :
1. The present contempt petition is filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as “the Act” for short) to take action and punish the accused-contemnor for deliberate and willful disobedience of the interim order of this Court dated 22.11.2012 in RSA No.553/2012.
2. The case of the complainants is that the complainants had filed suit in O.S. No.29/2009 for partition and separate possession of the suit schedule properties which came to be dismissed by the Trial Court by its judgment and decree dated 01.02.2011. Aggrieved by which, the complainants preferred R.A.No.145/2011, which is also came to be dismissed on 05.12.2011. Aggrieved by the judgment and decree in the regular appeal, the complainants preferred RSA No.553/2012 before this Court and the said appeal was admitted and an interim order was granted directing the respondent therein i.e., the accused-contemnor not to alienate/encumber/create or otherwise discharge the suit schedule property pending disposal of the appeal.
3. It is stated by the complainants that, though the interim order was well within the knowledge of the accused-contemnor, and he willfully disobeyed th
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