SRI M. SHASHIDHARAN Vs. S. SADASHIVAPPA

JUDGEMENT

(1.) In both these contempt petitions, as the claimants, accused and the relief sought for are one and the same, by consent of both the parties, they are taken up together and this common order is passed.

(2.) These contempt petitions are filed by the complainants to take action against the accused under the provisions of Ss. 11 and 12 of contempt of Courts Act for wilful disobedience of the interim order dtd. 7/8/2017 made in W.P. Nos.9869-9879/2016 by the learned Single Judge on I.A.2/2016 modifying the earlier order dtd. 10/3/2016 and restrained the Aircraft Employees House Building Co-operative Society Ltd., (for short, hereinafter referred to as 'the Society') not to make any allotment or execute sale deeds without following the seniority list of its members as approved by the concerned Registrar of Co-operative Societies.

(3.) It is alleged in the contempt petitions that after service of notice, the Society-accused appeared through its advocate and in the month of July 2016, filed a detailed statement of objections along with an application - I.A.2/2016 seeking vacation of interim order dtd. 10/3/2016. After hearing the parties, the learned Single Judge of this Court by the order dtd. 7/8/2017 modified the earlier order and restrained the respondent-society from making any allotment/execution of sale deed without following the seniority list of its members as approved by the concerned Registrar of Cooperative Societies. It is further alleged that inspite of the said interim order, accused No.1 without obtaining approval of the list of seniority of its members from the Registrar of Co-operative Societies has executed Sale Deed dtd. 7/3/2020 in favour of one Uma Mahesh M. (Though he was arrayed as accused No.2, later was deleted vide order dtd. 28/7/2022) and in turn, accused-2 alleged to be the Member of the Society sold the same in favour of accused No.3 (earlier Lokesha H., who was arrayed as accused was subsequently, deleted vide order 28/7/2022) under a registered Sale Deed dtd. 13/10/2020 as well as site No.1A in favour of Narayanappa under a registered Sale Deed dtd. 7/3/2020. It is further contended that accused No.1 - Sri S. Sadashivappa had signed as witness to another Sale Deed executed in respect of Layout formed by the Society in favour of a person not being a member of the Aircraft Employees House Building Co-operative Society Ltd., in violation of the interim order, dtd. 7/8/2017 which was subject matter of the Contempt Petition No. 488/2020.