SHIVABAI Vs. SANVAKKA

JUDGEMENT

(1.) This Contempt petition is filed under Ss. 10 and 12 of the Contempt of Courts Act, 1971 alleging wilful disobedience of the Judgment and decree dtd. 15/4/2005 passed in O.S.No.37/1993 by the Civil Judge (Senior Division), Athani, which was confirmed in R.A.No.46/2005 by the Fast Track Court, Chikkodi on 29/8/2006 and order dtd. 6/11/2021 passed in Execution No.245/2017 on the file of the Principal Senior Civil Judge, Athani.

(2.) Brief facts leading to filing of this contempt petition are that, the father of the complainant has filed O.S.No.37/1993 seeking relief of declaration that he had preferential right to purchase 2/3rd share belonging to his brother Shivappa and Kalappa. The said suit decreed on 15/5/2005 declaring preferential right in favour of Bhimappa. The said judgment has been confirmed in R.A.No.46/2005. Being aggrieved by the Judgment and Decree passed in R.A.No.46/2005, one Shankar Bhimappa Salagar and another preferred RSA No.2656/2006, which is pending before trial court, which is pending before this Court.

(3.) The complainant being the legal heirs of deceased Bhimappa filed Execution No.245/2017 on the file of Principal Senior Civil Judge, Athani, seeking for execution of the judgment and decree in O.S.No.37/1993. It is averred that, the complainants have filed I.A.No.3 under Order 39 Rule 1 & 2 of CPC, in Execution No.245/2017 seeking to restrain the accused Nos.1 to 4 from alienating the land bearing R.S.No.1781/2A+2B, till disposal of the execution petition. The execution Court vide order dtd. 6/11/2021 has directed the parties to maintain status-quo.