DATED

08.03.2021

PASSED

IN

W.P.NO.11567/2020 (GM-CPC) ON THE FILE OF THIS COURT

PRODUCED AT ANNEXURE-A AND TO DEAL WITH THE

ACCUSED IN ACCORDANCE WITH LAW.

THIS CCC COMING ON FOR ORDERS THIS DAY,

B.VEERAPPA J., MADE THE FOLLOWING:

O R D E R

The complainant filed the present contempt petition to

take action against the accused under the provisions of

Sections 11 and 12 of the Contempt of Courts Act for willful and

deliberate disobedience of the order dated 8th March, 2021

made in Writ Petition No.11567/2020, wherein the learned

Single Judge of this Court with the consent of learned counsel

for the parties has passed the following order:

<The petitioner although is entitled to reside

and for that purpose do peripheral repair works,

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painting etc., to the building in question, shall not

undertake any permanent construction in the

subject property nor he shall fell the standing trees

therein nor shall he demolish the compound wall of

the structure in question and that the suit be

requested to be dispose of expeditiously, keeping

open all contentions of the parties.=

2. The present contempt petition is filed mainly on the

ground that the accused knowing fully well about the order

passed by this Court and the directions given therein, without

cooperating with the trial before the trial Court in O.S.

No.6/2019, has started doing various types of unlawful acts in

the suit property by using the office machinery from the Police

Department. In fact, the Sub-Inspector of Police, Karkala Town

Police Station, Karkala, has disobeyed the order passed by this

Court and openly stated that the order passed by this Court in

the writ petition is not binding on him as he is not a party to

the said matter. This clearly depicts that the Police have no

respect to the Court orders. The complainant further

contended that taking advantage of the Police help, the

accused started doing the following in the property in

question:-

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a) By breaking open the gate lock put on the

southern side of the suit property and broke

the lock of northern side small gate in

Sy.No.365/17.

b) Bringing JCB Machine inside the property

thereby cutting and felling the existing trees

situated in the property thereby levelled the

entire 40 cents of suit property involved in

O.S.No.6/2019 and O.S.No.89/2018 to make

a wrongful gain of access over the suit

properties and transported valuable tree

growths, timbers to unknown place.

c) Started putting pipe lines to the well existing in

Sy.No.365/17 and thereby digging the land

and making an attempt to put up latrine

seepage

tank

in

the

suit

property

in

Sy.No.365/17 with an intention to see that

the sharers of the suit in O.S. No.89/2018 are

unable to use the land in Sy. No.365/2016

and 365/2017 with oblique motive and wrong

intention.

3. Along with the contempt petition, the complainant has

produced photographs at Annexures 3 H, J, K, L and M to show

that permanent structure made by the accused in the property

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in question. Thereby, the complainant sought to take action

against the accused.

4. The accused filed reply dated 13.8.2021, wherein it is

specifically stated as under:

7(e) The allegation that the Accused has raised the

compound wall on the Northern and Southern

Side of Sy.No.365/16 and Sy.No.365/17 with

an intention not to gain any access is again a

false statement. The raising of the height of

the compound wall is not after the Final Order

passed in W.P. No.11567/2020. Additional

stones were laid over the existing compound

wall. It was done much before the final order

in the Writ Petition. This is required to have

safety for the inmates of the house in the Suit

Schedule Property. A photograph of the

compound with the wall is filed herewith as

ANNEXURE-R7. No construction of whatsoever

nature was put up after the Final Disposal of

the Writ Petition. The Accused has not

violated the order dated: 18.03.2021 passed

in W.P. No.11567/2020 (GM-CPC) in any

manner.

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7(h) The Northern