RAMACHANDRA SHETTY A Vs. A.T. BABU RAO

JUDGEMENT

(1.) This contempt petition is filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India praying this Court to initiate contempt proceedings against the accused for their willful and deliberate disobedience of the order passed by this Court in Miscellaneous First Appeal No.6054 of 2017 dated 06.12.2017 and punish the accused in accordance with law and award the cost of the proceedings.

(2.) Brief facts of the case are as follows: It is the case of the complainant that, he had filed the suit in O.S.No.25522 of 2014 before the City Civil Court, Bengaluru, Mayo Hall Unit for the relief of specific performance. In the said suit, he had filed an Interlocutory Application under Order 39, Rule 1 and 2 of Code of Civil Procedure seeking for an order of temporary injunction restraining the defendants from alienating the suit schedule property till the disposal of the suit. The said application was dismissed vide order dated 23.06.2017. Being aggrieved by the said order, the complainant has filed Miscellaneous First Appeal No.6054 of 2017. This Court vide order dated 06.12.2017 disposed of the appeal directing the defendants therein that whenever they sell a flat to the intending purchaser, they should make it very clear that sale is subject to the result of the suit. The accused persons, while selling the flat to Smt. Archana Singhode and Smt. Vinith Dhatta vide sale deed dated 04.01.2018, did not make any recital regarding pendency of the proceedings in O.S.No.25522 of 2014 which amounts to contempt within the meaning of Section 2(b) of the Contempt of Courts Act, 1971 punishable under Sections 11 and 12 of the Act since, the very execution of sale deed is without incorporating the direction given by this Court.

(3.) In pursuance of this contempt petition, this Court has issued notices to all the accused persons and all of them are represented through their respective counsels.