Contempt Petition No. 832 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:2616-DB CCC No. 832 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T CIVIL CONTEMPT PETITION NO.832 OF 2022 BETWEEN: MR. M. KESHAVAN @ M. GOVINDAIAH SON OF LATE MUNISWAMY AGED ABOUT 73 YEARS RESIDING AT NO.21, KEMPANNA ROAD MARUTHI SEVANAGAR BENGALURU - 560 033 AND ALSO AT NO.6 (OLD NO.12) TANK BUND ROAD KANAKADASA LAYOUT LINGARAJAPURAM BENGALURU - 560 084. …COMPLAINANT Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA
Legal Reasoning
(BY SRI C. KRISHNAPPA, ADVOCATE) AND: SMT. K. VARALAKSHMI WIFE OF SRI M. KESHAVAN @ M. GOVINDAIAH AGED ABOUT 67 YEARS RESIDING AT NO.21 KEMPANNA ROAD MARUTTHI SEVANAGAR BENGALURU - 560 033. …ACCUSED THIS CIVIL CONTEMPT PETITION IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, BY THE COMPLAINANT, WHEREIN HE PRAYS TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING DELIBERATELY DISOBEYED THE ORDERS OF THIS HON'BLE COURT DATED - 2 - NC: 2025:KHC:2616-DB CCC No. 832 of 2022 30.06.2022 PASSED IN CRIMINAL PETITION 1124/2016 AND CRIMINAL REVISION PETITION 1125 OF 2016 VIDE ANNEXURE-D AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW. THIS CIVIL CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This contempt proceedings are initiated by the complainant against the accused for disobedience of the order dated 30.06.2022 passed before learned Single Judge in Crl.R.P.No.1124/2016 c/w Crl.R.P.1124/2016, wherein before learned Single Judge, learned counsel for the parties had filed a memorandum of compromise under Section 482 Cr.P.C. alongwith separate affidavit of the petitioner and the respondent and that the parties were directed to accrue their rights as per the memorandum of compromise entered into between the parties. Since the same was not complied, the present contempt petition is filed. - 3 - NC: 2025:KHC:2616-DB CCC No. 832 of 2022 2. In this contempt proceedings, earlier, learned counsels on both sides submitted that the matter may be referred to Mediation Centre and hence, this Court by order dated 04.03.2024 had referred the matter to Mediation Centre, Bengaluru to explore the possibility of amicable settlement. Accordingly, the matter was referred to Karnataka Mediation Centre, Bengaluru, and the matter was settled between the parties before Mediation Centre and the memorandum of settlement arrived between the parties dated 22.06.2024 before the Karnataka Mediation Centre is extracted hereinbelow:- MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. The parties above state as follows:- I The above contempt case is filed by the complainant against the Accused under Sections 11 & 12 of the Contempt of Courts Act for disobeying the orders of this Hon'ble Court dated 30.06.2020 passed in Crl.R.P.1124/2016 and Crl.R.P.1125/2016 wherein the accused/wife had agreed to withdraw all cases filed by her as against the complainant/husband. II The aforesaid case has been referred to mediation by the Hon'ble High Court of Karnataka for resolving disputes between the parties. It is relevant to mention that the mediation proceedings was attended by the grand daughter of the Complainant and the Accused Ms. Kavyashree. During the course of mediation, the parties have resolved their disputes. 1. That the Complainant and the Accused are husband and wife by relationship, they got married on 28.06.1970. - 4 - NC: 2025:KHC:2616-DB CCC No. 832 of 2022 From their wedlock they have two daughters by name Shashikala and Leena Chandu, who are married and are residing separately. The parties have jointly purchased the schedule property on 17th Nov 1975 measuring on the East 60 Feet, on the west 63 Feet, on the North 49 Feet and on the South 49 Feet which is duly registered vide Regd Doc. No. 2474/75-76 page 1 to 7, book I, Volume No. 1894, at sub-registrar office Shivajinagar, which is more fully described in the 'A' Schedule herein under. Both parties are equally entitled to 50% each of the schedule property. However, as differences arose between them they have been living separately since 2003 and all efforts made by elders, friends and well wishers to resolve their differences did not yield any preferred positive result. the and Crl.R.P.1124/2016 complainant/husband. Both parties agree that a memorandum of compromise dated 30.06.2022 was entered into and the said Crl. R. Petitions were withdrawn and the complainant has withdrawn M.C.1587/2022 оп the file of the V Addl. Prl. Judge, Family Court, Bengaluru. accused/wife 1125/2016 against The 2. The to had agreed accused/wife withdraw C.C.No.550228/2014 on the file of 29th ACMM, Mayohall, Bengaluru on 12.11.2022. She also undertook to withdraw PCR No.7545/2019 on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru. As the accused/wife has not withdrawn the complainant/husband, he has filed the above contempt petition. In the course of mediation, the parties have resolved their differences amicably once for all on the following terms and conditions:- filed against the cases
Decision
a) Both parties agree that as per the compromise entered into by the parties it was agreed that in the event 'A' Schedule Property is not disposed off at Rs.11,000/- per square feet, either party is at liberty to purchase the other party's share at Rs.11,000/- per square feet. It is also agreed that the 'A' Schedule Property may be auctioned in Public and the Sale Proceeds would be divided proportionately in the ratio of 35% to the complainant/husband and 65% to the accused/wife. b) Both the parties are financially not sound either of them are unable to purchase the share of the other party. Hence both the parties despite making best efforts, they - 5 - NC: 2025:KHC:2616-DB CCC No. 832 of 2022 are unable to sell the property at the price mentioned therein despite 2 years elapsed from the date of filing memorandum of compromise. c) As no prospective buyer is coming forward to purchase the said property, both the parties have mutually agreed to divide the property in the ratio of 35% to the complainant and 65% to the accused. d) Complainant is ready and willing to relinquish 15% of his share to the accused and the balance of 35% share shall be retained by the complainant in the schedule property mentioned below. e) 15% out of 50% of complainant share, he has executed unregistered memorandum of understanding in favour of the accused. The said unregistered memorandum understanding is a part of this settlement. f) Both the parties have mutually agreed to divide the property at the ratio of 35% and 65% as per the plan enclosed herewith. g) As per the plan the complainant is entitled his share of 35% East to West 49 feet North to South 21 feet and total measuring 1,029 Sq.ft. which are marked as A, B, C, D. h) So also as per the plan the accused is entitled her share of 65% East to West 49 feet and North to South 39 feet total measuring 1,911 Sq.ft. which are marked as C, D, E, F. i) Both parties agree that in pursuance to the settlement arrived at in this proceedings they would initiate eviction proceedings as against the tenants in occupation of the various portions in the ground and first floor, the cost of which will be borne by the respective parties to whom the share of the building has fallen as per the map attached to this agreement. j) Both parties agree that at the request of the other they would make available the premises for Inspection and produce in evidence or before the authorities regarding title, possession, interest etc as may be required. The parties agree that they would be entitled to get the - 6 - NC: 2025:KHC:2616-DB CCC No. 832 of 2022 Katha transferred in respect of their respective share in their names and to pay the corporation taxes as assessed by the authorities thereafter. k) Both parties agree that, complainant has withdrawn suit for partition in O.S No. 25682/2019 which is on the file of LXXIII Addl. City Civil Judge, Mayohall unit (CCH-74) on M.C No. 1587/2022 which is on the file of V Addl. Family Court at Bengaluru on 22/04/2022. 12/03/2024 Divorce Petition and in l) It is also agreed that the accused/wife has withdrawn a criminal proceedings in C.C No. 50228/2014 which is on the file of XXIX Addl. Chief Metropolitan Magistrate at Mayohall, Bengaluru on 12/11/2022 and undertakes to withdraw the private complaint in P.C.R No. 7545/2019 which is on the file of IV Addl. Chief Metropolitan Magistrate at Bengaluru. 3. The parties further state that there has been no collusion or force, fraud or any undue influence in entering into this agreement in the afore said manner. 4. Both the parties admit that they will not interfere in each other's property or lives for any reason of whatsoever in future. 5. The copy of sketch of the schedule properties are annexed to this settlement/compromise. III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to pass judgement/order in terms of the aforesaid agreement. IV. The parties have to appear before the Hon'ble High Court of Karnataka as directed and when the date of appointment given, for passing appropriate orders in terms of the agreement. SCHEDULE 'A' PROPERTY All that piece and parcel of immovable property bearing Corporation No.9, New No.21, situated at Kempanna Road, (Jai Bharathi Nagara Div.49) Now Maruthi Sevanagar, Bengaluru-560033, measuring East to West 63 feet, North to South 49 feet in total measuring 3087 square feet. The property comprises of Ground, First and Second Floor with RCC Roofing with electricity and water connection and bounded as follows:- - 7 - NC: 2025:KHC:2616-DB CCC No. 832 of 2022 East by : Road West by : Site No.12 North by : Site No.08 South by : Road SCHEDULE 'B' PROPERTY All that piece and parcel of property belonging to Sri. M. Keshavan @ Govindaiah/complainant, Corporation No.9, New No.21, situated at Kempanna Road, (Jai Bharathi Nagara Div.49) Now Maruthi Sevanagar, Bengaluru-560033, measuring East to West 49 feet, North to South 21 feet, in total measuring 1029 Sq.ft. bounded as follows:- East by : Road West by : Site No.12 North by : property belonging to Smt. Varalaksmi South by : Road All that piece and parcel of property belong to SCHEDULE 'C' PROPERTY Smt. Varalakshmi/accused, Corporation No.9, New No.21, situated at Kempanna Road, (Jal Bharathi Nagara Div.49) Now Maruthi Sevanagar, Bengaluru-560033, measuring East to West 49 feet, North to South 39 feet total measuring 1911 Sq.ft. bounded as follows:- East by : Road West by : Site No.12 North by : Site No.08 South by : property belonging to Keshavan @ Govindaiah 3. Memo of settlement is duly signed by the parties and learned counsel for the complainant. Memo of retirement filed by learned Counsel Sri. Ramananda A.D., for the accused in taken on record. - 8 - NC: 2025:KHC:2616-DB CCC No. 832 of 2022 4. Therefore, keeping in view the mediation report filed the parties before the Karnataka Mediation Centre and as the dispute is between husband and wife, wherein the complainant husband is the maternal uncle of the accused wife and the issues between them is amicably settled, the contempt petition does not survive for consideration and the contempt proceedings are hereby dropped. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 13