PROCEEDINGS OF THE ADVOCATE GENERAL FOR KARNATAKA

BANGALORE

READ: Application No.3 of 2009 for consent under Section
15(1) (b) of Contempt of Court’s Act, 1971 –
Shri Shankar Gouda vs. Shri R. Govindappa and
another.

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The above application is filed under Section 15 (1)(b) of the Contempt of court Act, 1971, seeking sanction to initiate criminal contempt proceedings against the respondents – Sri R. Govindappa and Sri B. M. Umesh. The facts as set out in the application are as under:

2.        First respondent filed a suit OS No.462/2005 against the applicant before the Civil Judge (Senior Division), Bangalore Rural District for declaration and possession of the land bearing sy.no.3, New No.3/260 of Navaratna Agrahara Village, Jala Hobli, Bangalore North Taluk (‘schedule land’ for short). The plaint came to be rejected under Order 7 Rule 11 (a) & (d) of C.P. Code, holding that the suit was without cause of action and is barred by the provisions of the Miscellaneous Inams Abolition Act, Karnataka Land Reforms Act and Karnataka Land Revenue Act. The said order became final since it was not challenged.

3. Now another suit OS No.472/2008 has been filed before the Civil Judge (Junior Division), Devanahalli, by the first respondent represented by his power of attorney holder Sri B.M.Umesh, the second respondent herein against the applicant herein, for permanent injunction to restrain the defendants from interfering with his peaceful possession and enjoyment of the schedule land. There is a reference to the earlier suit having been dismissed and it is stated that the order of the court is incorrect and unjust and amounts to injustice.

4. The High Court of Karnataka  has held that repeated filing of suits amount to interference with the due administration of justice and therefore amount to contempt of court.

5. In the instance case, though the latter suit is for injunction while the former suit was for declaration and possession, the subject matter of both the suits are the same. Further, when the earlier suit for possession was dismissed, the latter suit for injunction on the assumption that he is in possession of would definitely not be maintainable. Further, there is also an allegation against the court that the judgment perpetrates injustice. Therefore, prima facie a case has been made out for grant of permission to initiate criminal contempt proceedings.

ORDER
I hereby grant permission to Sri Shankara Gowda Linga Gowda Patil to initiate criminal contempt proceedings against the respondents Sri R Govindappa and Sri B.M. Umesh under Section 15 (1)(b) of the Contempt of Courts Act, 1971.

Bangalore                                                     UDAYA HOLLA
Dated: 24-2-2009                                        ADVOCATE GENERAL

M/s. M.G Kumar Law Firm,
M.G. Kumar (Advocate),
No.47, First Floor, Nethaji Road,
Fraser Town,
Bangalore – 560 005.

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