IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO. 964 OF 2022 BETWEEN:

1. P J CHANDRASHEKHAR S/O P JANARDHANA AGED ABOUT 60 YEARS R/A RAMATRIVIKRAMA NILAYA OPP MGM COLLEGE POST-KUNJIBETTU-576102 UDUPI DISTRICT.

2. P SUMANGALI W/O P J CHANDRASHEKHAR Digitally signed AGED ABOUT 58 YEARS by SUMATHY R/A RAMATRIVIKRAMA NILAYA KANNAN OPP. MGM COLLEGE Location: HIGH POST-KUNJIBETTU-576102 COURT OF UDUPI DISTRICT.

KARNATAKA …COMPLAINANTS (BY SRI. S K ACHARYA - ADVOCATE)

AND:

NAVEEN BALLAL S/O MADHAVA BALLAL AGED ABOUT 58 YEARS R/A DOOR NO.3-3-17 BEEDU MARG AMBALAPADY-576103 UDUPI DISTRICT …ACCUSED (BY SRI. V R BALARAJ - ADVOCATE)

THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR DELIBERATELY AND INTENTIONALLY VIOLATING THE ORDER DATED 23.6.2022 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.1248/2022 (LB-RES) ON THE FILE OF THIS HON’BLE COURT AT ANNEXURE-A.

THIS CCC, COMING ON FOR HEAR BEFORE CHARGE, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T

ORAL ORDER

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

This contempt proceeding is initiated by complainants against the respondent/accused for having deliberate and willful disobedience of the order passed by the learned Single Judge of this Court in WP.No.1248/2022 (LB-RES) dated 23.06.2022 vide Annexure-A.

2. Learned counsel Sri S.K.Acharya for complainants and learned counsel Sri V.R.Balaraj for respondent/accused are present.

3. By the said order dated 23.06.2022, learned Single Judge directed Respondent No.2 to inspect the construction put up by the Respondent No.3 and submit a report whether the construction put up by the Respondent No. 3 is according to the plan sanctioned by it. It shall also report whether the Respondent No.3 has put up the construction in a larger area than what was proposed in the plan. Until then, the Respondent No. 3 is directed not to construct compound wall around his property.

4. Learned counsel for complainants has facilitated the reliance of the Hon’ble Supreme Court in Amit Kumar Das, Joint Secretary, a Registered Society Vs. Shrimati Hutheesingh Tagore Charitable Trust reported 2024 SCC Online SC 83. He also refers para No.14 of the judgment and submits that the said judgment is squarely applicable to the present case.

5. However, it is relevant to refer the order rendered by the co-ordinate Bench of this Court in CCC.No.703/2024 (Civil) dated 06.08.2024 wherein the Court observed as under:

‘2. This Court is not inclined to invoke and exercise the jurisdiction under the Contempt of Courts Act, 1971, in view that the petitioner has the remedy to approach the same Court for breach of injunction under the provisions of Order XXXIX Rule 2A of the Code of Civil Procedure 1908.

3. Only on this ground without going into the merits and reserving liberty for the petitioner to avail the said recourse, the present petition is not entertainable and it stands disposed of.’

6. Further, it is also relevant to refer the judgment rendered by the co-ordinate Bench of this Court in CCC.No.896/2023 (Civil) dated 02.04.2024 wherein the Court observed as under:

‘2. The present contempt petition is in respect of the order dated 08.09.2021 passed by learned Single Judge in the pending Writ Petition No.16130 of 2021.

3. Evidently, the above order is interim order and that the parent proceedings are at large before learned Single Judge on merits. In that view, the contempt proceedings are not liable to be entertained.

5. Marking compliance of the direction, the Court records the statement made by learned advocate for respondent No.1. Even otherwise, the contempt proceedings are not entertainable and they are disposed of accordingly.’

7. However, it is relevant to refer the order rendered by