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2023 Supreme(Online)(KAR) 18112
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CCC No. 200067 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF APRIL, 2023
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
CIVIL CONTEMPT PETITION NO. 200067 OF 2023 (CIVIL)
BETWEEN:
SAIJADI BEGUM W/O MOHD IBRAHIM AGABAYI
AGE : 47 YEARS, OCC : HOUSEHOLD,
R/O : JALAHALLI, TQ : DEVADURGA,
DIST : RAICHUR.
…COMPLAINANT
(BY SRI. G G CHAGASHETTI, ADVOCATE)
AND:
1.
YASMEEN W/O LATE MEHEBOOB PASHA MUNSHI,
AGE : 47 YEARS, OCC : HOUSEHOLD,
2.
MOHD. GOUSE S/O KAREEMSAB MUNSHI,
AGE : 38 YEARS, OCC : AGRICULTURE,
3.
MEHBOOB ALI S/O KAREEMSAB MUNSHI
AGE : 32 YEARS, OCC : AGRICULTURE,
4.
SYED ALI
MEHEBOOB PASHA MUNSHI
AGE : 27 YEARS, OCC : NIL
5.
SAMEENA BEGUM
W/O MOULASAAB TALIKOTI,
AGE :42 YEARS, OCC : HOUSEHOLD,
ALL ARE R/O HUNASAGI,
TQ. HUNASAGI, DIST : YADGIR - 585 201.
Digitally signed
by SACHIN
Location: High
Court of
Karnataka
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CCC No. 200067 of 2023
6.
DR. C.B VEDAMURTHI
THE SUPERINTENDENT OF POLICE,
YADGIR, DIST : YADGIR - 585 201.
7.
SHRI CHIDANAND SOUDI
THE POLICE SUB INSPECTOR,
HUNSUGI POLICE STATION,
TQ. HUNSUGI, DIST : YADGIR - 585 201.
…ACCUSED
8.
THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF MINORITY
AND WELFARE, HAJ AND WAKF
DEPARTMENT, VIKAS SOUDHA,
BENGALURU 560 001.
…PROFORMA PARTY
THIS CONTEMPT PETITION FILED UNDER SECTIONS 10,
11 AND 12 OF THE CONTEMPT OF COURT ACT, PRAYING THAT
THIS
HONOURABLE
COURT
TO
INITIATE
CONTEMPT
PROCEEDINGS AGAINST THE RESPONDENTS / ACCUSED AND
TO PUNISH THEM IN ACCORDANCE WITH LAW FOR HAVING
DISOBEYED THE ORDER OF THE LEARNED CIVIL JUDGE AND
JMFC, SHORAPUR DATED 08.02.2023 IN O.S.NO.117/2021
VIDE ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY S.SUNIL DUTT YADAV, J., MADE THE
FOLLOWING:
Learned
Government
Advocate
accepts
notice
for
respondent No.8.
The complainant has preferred the present petition
seeking for initiation of contempt proceedings against the
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accused and to punish them in accordance with law for having
disobeyed the order of the learned Civil Judge and JMFC,
Shorapur dated 08.02.2023 in O.S.No.117/2021.
Upon perusal of the petition, it is clear that the
disobedience complained of is as regards to the orders passed
on interlocutory application in O.S.No.117/2021, it is noticed
that the application under Order 39 Rule 1 and 2 of Code of
Civil Procedure has been allowed restraining the defendants in
the said suit from interfering or causing obstruction to the
peaceful possession and enjoyment of the suit properties of
plaintiff (who is the complainant herein).
Subsequently,
it
is
to
be
noticed
that
the
complainant has filed an application seeking for police
protection in order to implement the order of temporary
injunction passed on IA No.VIII which again has been allowed
as per order dated 24.02.2023.
In light of the provisions of Order XXXIX Rule 2-A of
Code of Civil Procedure, there is an alternate remedy for
enforcement of disobedience of injunction order or other order
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made. In light of the remedy available, the proceedings are
dropped
reserving
liberty
to
the
complainant
to
take
appropriate steps as is permissible under law in light of the
remedy available under Order XXXIX Rule 2-A of Code of Civil
Procedure.
All contentions are kept open.
Learned Government Advocate submits that he will
ensure that police authorities will look into the matter.
Sd/-
JUDGE
Sd/-
JUDGE
SN
List No.: 1 Sl No.: 22
