R SADAGOPAN Vs. K RAJAIAH

JUDGEMENT

(1.) THIS is a petition filed under Section 2 (c) (iii) and 12 read with Section 15 (l) (b) of the Contempt of Courts Act, 1971 ('the Act' for short), to initiate Criminal Contempt of Court proceedings against the accused and punish him under Section 12 of the Act. The learned Advocate General for Karnataka, has granted permission under Section 15 (1) (b) of the Act, to the complainant, to initiate Criminal Contempt proceedings against the accused.

(2.) BRIEF facts, which are necessary to consider this petition, could be stated as follows : k. Kuppuswamy, S/o. Late. N. Kodandarama Naidu and his brother K. Rajaiah, the accused herein, were the Directors of M/s. Chamundaeswari Studio and Laboratory Private Limited, a company incorporated under the Companies Act. Said K. Kuppuswamy, has formed a Trust, under the name K. K. Foundation and Public Charitable trust, which is registered. K. Kuppuswamy is stated to have executed a Will dated 27-9-2006, bequeathing therein, his estate to various beneficiaries, including the complainant, his wife and also the accused person herein. K. Kuppuswamy has passed away on 4-3-2007.

(3.) THE accused has filed a suit for decree of. permanent injunction, in the City Civil court, Bangalore, in O. S. No. 25543/2007 against the Executors of the said Will, the complainant, his wife, daughter, son -in -law and also his parents. An Ad-interim order of temporary injunction granted in the suit, was later vacated by the Trial Court. Subsequently, the accused has filed O. S. Nos. 25660/07, 25716/07,25487/07 and 26992/07 in the City civil Court, Bangalore and Company Petition no, 35/2007 in Company Law Board at chennai. He has also filed O. S. No. 25413/ 2008 in the City Civil Court, in the form of administrative Suit for Administration of the estate of Late K. Kuppuswamy. There is no mention about the filing and/or of pendency of the earlier suit in the latter suits. According to the complainant, the filing of repeated suits, not only obstructs, but prevents due course of justice. This petition has been filed contending that, the action of the accused in filing multiple suits, amounts to an abuse of process of Court.