ERAPPA Vs. CHANNABASAPPA

JUDGEMENT

(1.) THE complainant in the above contempt petition was the defendant No. 1 in OS No. 134/85 on the file of the Munsiff, Tarikere, whereas the respondent was the plaintiff No. 1, being the President of the Trust by name Sri Junjappa Devaru Temple Trust, Bhaktanakatte, Shivane Hobli, Tarikere Taluk along with two other plaintiffs by name, Basappa son of Siddappa and Naragappa son of Kengappa. The complainant at the first instance had filed the above contempt petition as a civil contempt petition under Art. 215 of the Constitution of India read with Ss. 10 and 11 of the Contempt of Courts Act, 1971 (henceforth in brief referred to as 'act' ). That subsequently, the said contempt petition came to be converted as a criminal contempt petition. The complaint of the complainant is two folds; firstly that the respondent having suppressed the material facts in WP No. 17474/87 resulted in wrong order or judgment in the said writ petition and further that, based upon that judgment in the writ petition, an amount of Rs. 11,00,000. 00 was withdrawn from the treasury that belonged to 'junjappa Devaru' deity and it is for that the complainant had filed subsequently a writ petition in WP No. 25595/96 that came to be allowed by this Court on 22-11-1996, whereby this Court had recalled the order/judgment in WP No. 17474/87 and further that the judgment or order obtained in WP No. 17474/87 obstructed the administration of justice and secondly that filing of suit after suit in respect of the same subject matter like OS No. 198/81, OS No. 118/81, RA No. 75/83, RSA No. 62/94 and OS No. 134/85 amounted to abuse of process of Court punishable under S. 2 (ii) (e) of the Act.

(2.) WE deem it proper to quote the relevant averments in paras No. 3 to 9 with regard to main complaint and further the prayer column and the same read as hereunder :

(3.) TO make a necessary arrangements to maintain Law and order and also to keep the current years Jathar's collection in treasury and conduct an enquiry under S. 17 of the Karnataka Religious and Charitable Endowments Act of 1972. The said order was challenged by the Channabasappa in W. P. 21264/1980 it is disposed on 30-11-1984 is produced as Ann-A by observing that the communication dated 14-11-80 addressed to Asst. Commissioner it is only a communication to hold an enquiry not to take possession of temple. Petitioner shall also be heard in an enquiry proposed to be held under S. 17 of the Karnataka Religious and Charitable Endowments Act.