IN THE HIGH COURT OF KARNA'l'AKA AT BANGALORE
DATEI) THIS THE 1.37" DAY OF' SEPTEMBER 2010
PRESENT
THE HONBLE MR.J.S.KHEHAR. CHIEF ~
AND
THE HONBLE MRSJUSTICE MA;&i.JULA»e§~1fi1;Li':Rf
(:00 NO. 255T,¢>;@e10 (e1\mw,}_
BETWEEN V' M
K.SrikaI1th R30,
Aged about 42 years,
The Commissioner,_ V _ :
City Municipal "
Madikeri, I<;o'dé;guv-V£)';st1-1ic_,¢;, _ _ ' '
(Described in the_0rder«--asL_' «.
Chief C*i¢fiCCrA,AV'}'3JIaC1:ifEiEri'TOWT1 " ' 'V
Munieipa1_if.y,V Dei's"E1'jc-t).;
...C0mp1ainant
(By Sri N.I')Levada.e$:., Counsei, for
_ M/e, .{Nyaya1nii1*aV1f&dvQ3ates.)
$12
Priyg.darehji1i Handloom,
V --V By ités Mfgnager,
'Shop NOVJ/194.
' jMaI'}«':_et Compfex,
VA Madi1~:'eri, Kodagu fiistrict.
...ACCL3sed
[By Sri.KéChandrasheka1" 8: Sri.C.H,Ja.dhav, Advocates)
'%»£w'"'s/"i/'°*«»%3:*Q"\.3
€"
i€.«"i/£idtx'$L&/
"mum
{A
3. The instant eonteinpt, petition Came to he filed
at the hands of the i\/Iunicipai Council, Madjkeri on
account of the disobedience of the orders passed. ..t:iy.4_jtIh_is
Court. After the aeeused--respon.dent it 4' _
appearance. he stated that V'_'o.Ve2f_ H"
possession of the shop in quest'ion1'_A_on'
aforesaid factual position is:"c:onfirined " it
counsel for the Compiainant+.pe:titio'ner. hit 'is, therefore,
submitted by the iearhedii';fo:e.V.the accused-
respondent that been handed
over, the Court stands fully
eompiiedi”wit,h;-V
4. matter in its entirety, we
areithe viewiwdithati the lapse at the hands of the
‘aoo1i:sedA–res1A5ondent in not voluntarily obeying orders
fJas’s–ed Court is very serious. As tong as a
-‘ oont4ert1§;vtVpet;iti<)n. had not been filed at the hands of the
:]MuCIii.eipa1 Council, Madikeri, [so as to enforce the
di3;eetions issued by this Court), possession of the
Cdkfliveased shop was not handed over to the comp3ai11ant–
petitioner. Orders of this Court need to be complied with
4
unilateraliy. The acc’used~respondent and others
similarly situate as him having’ not abided by this
Courts orders (referred to above), consequently as many
as 78 contempt petitions had to be filed
complainantwpetitioner to enforce the di1*eetions” .
by this Court. Besides resuiting i1_”1W”u’n[neeessa1″y
expense, this action of the a(“:’c;L1s’_ed?respondenifhas:
resuited in unnecessary wastage of Court, ‘We, * C
therefore, consider it, just to} impose
costs on the The accused-
respondent pay costs
quantified ::’as five” thousand). Whiie
7
paying” “the. ::f’::ostsV,AV”’-theA ” ‘aeeixsedwrespondent shall
deposit RsC.”1~OV;’O0VQ/Vfterfbiwthousaridj with the Karnataka
ACouxn’c’ii’;”‘iRs.10,000/– with the Advocates
“_:..Banga1ore, and the remaining
thousand) with the compiair1ant~
V’~».M1,inici._1;V)_:ai Council, Madikeri. Receipts thereof, shall be
on the record within one month from today,
__faiIing which, the Registry is directed to re–1ist this Case
for rriotion hearing, so as to eriforce payment. of costs.
5. The ir1Stant contempt petition is disposed of in
the aforesaid terms.
Sk/~–
Index: yes /no