BANGALORE DEVELOPMENT AUTHORITY Vs. GURURAJ

JUDGEMENT

(1.) THIS Criminal Contempt Petition is filed by the Bangalore development Authority against the accused for initiating contempt proceedings and to punish him for abuse of process of the Court, which amounts to criminal contempt.

(2.) THE briefs facts leading for filing of this criminal contempt petition are, one M. S. Prithviraj, the father of the accused, filed suit in o. S. No. 6463/2000 on the file of XVI Additional City Civil Judge, bangalore seeking a declaration that he perfected title by adverse possession and for injunction in respect of the property bearing corporation Nos. 619 and 620 situated in 8th Block, Koramangala, bangalore. The BDA filed I. A. IX under Order 7 Rule 11 (a) CPC for rejection of plaint. By order dated 18/9/2003 the Court allowed the application and rejected the plaint for want of cause of action as the property in question was acquired by the BDA. By that time, the accused's father Prithviraj was dead. Against the rejection of the plaint, r. F. A. 1139/2003 was filed before this Court. By judgment dated 17-2-2004 the appeal was dismissed with certain observations. By that time, on 23-10-2003 the accused filed another suit in o. S. No. 7650/2003 seeking same relief. This made the BDA to file the present petition.

(3.) IN the contempt petition it is averred that the repeated proceedings initiated by the accused against the complainant in respect of the property in question interferes and obstructs the administration of justice and the judicial proceedings. Therefore, it is an act of abuse of process of the Court of the accused persons and amounts to "criminal contempt" as defined under Section 2 (c) Clause- (iii) of the Contempt of Court's Act of 1971 (hereinafter called as the 'act' in short ). The consent of learned Advocate General is obtained by the complainant on 29-12-2003 as required under Section 15 (1) (b) of the Act.