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2021 DIGILAW 250 (KAR)

Yallappa S/O Shivasingappa Hadapad v. Shivayogi Kalasad

2021-02-11

G.NARENDAR, HANCHATE SANJEEVKUMAR

body2021
ORDER : G.NARENDAR, J. The contempt petition is listed for sixth time for compliance of office objections. It is relevant to note that on 06.01.2021 three weeks’ time was extended on payment of cost. The matter was again listed on 01.02.2021 at the same stage. As the cost was not paid, it was relisted on 03.02.2021. On payment of cost, the matter has been relisted again today i.e., on 11.02.2021 at the same stage for noncompliance of office objections. 2. In our considered opinion, this is nothing but gross abuse of the process and the same is without any justification. We have also perused the order of the learned Single Judge, the noncompliance of which is complained in this contempt petition. 3. The writ petitions have been disposed of in terms of the order disposing of the writ appeal and reads as under: “In view of the above, writ petitions are disposed off in terms of the order passed by the Division Bench of this Court in W.A.No.100864100866/2014.” 4. We have perused the order in the Writ Appeal Nos.100864866/2014 & Writ Appeal Nos.10006367/2015. The writ appeals have been disposed off in the following terms: “Hence, these appeals are allowed. The impugned order of the learned Single Judge is set aside. Respondents are directed to pay compensation to the writ petitioners in terms of the proviso to Section 24 of the New Act (Central Act No.30/2013). No costs.” 5. From the above, it is apparent that no time limit has been fixed by the Court for compliance. That apart, contempt Court cannot be used as an executing Court. We do not find any ground which warrants further consideration of the contempt petition. Such a lackadaisical approach has only given the impression that parties have taken the Court for granted and the present petition is presumably filed to arm twist the accused and coerce them to terms. Accordingly, contempt petition stands dismissed.