HIGH COURT OF KARNATAKA Vs. Y K SUBBARNNA

JUDGEMENT

(1.) the proceedings in the top noted matter have been registered on the basis of the order dated October 11, 1984 made by a division bench of this court in regular first appeal No. 206/80. The proceedings came to be registered and initiated against y,k, subbanna, kamaiah, k. Jayaram, y.k, ramakrishna, Smt. Marakka and smt shantamma accused Nos. 1 to 6 respectively (who would be hereinafter referred to as accused with reference to their respective array, under the Provisions of the contempt of courts act 1971 (hereinafter referred to as the act) in the following circumstances :

(2.) accused Nos. 1 to 6 are relatedto each other. Their relationship inter se is as under : accused Nos. 1, 3 and 4 are the sons of accused No. 2. Accused No. 5 is the wife of accused No. 2. Accused No. 6 is the wife of accused No. 4.

(3.) accused No. 1 was the plaintiffin the original suit No. 20 of 1972. The suit was for partition and separate possession of his (accused No. 1's) share in the properties, the subject- matter of the suit. Kamaiah, accused No. 2 ; k. Jayaram, accused No. 3; y. K. Ramakrishna, accused No. 4; and Smt. Marakka, accused No. 5 were defendants Nos. 1, 2, 3 and 4 respectively in the suit. Accused No. 1 as plaintiff had impleaded one nanjappa as defendant No. 5 in the suit alleging that the sale stated to have been made in respect of one of the items of the subject-matter of the suit by Smt. Marakka, accused No. 5, herein who was defendant No. 4 in the suit in favour of the said nanjappa was also partible joint family property and that the sale was not binding on him (accused No. 1)