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2025 DIGILAW 453 (KAR)

V. NAGARAJA v. P. B. MAHISHI

2025-06-18

K.S.MUDAGAL, P.SREE SUDHA

body2025
ORDER : K.S.MUDAGAL, J. Heard both side. 2. These complaints are filed seeking initiation of contempt proceedings against the accused for the alleged willful disobedience of the judgments of this Court dated 21.09.1998 and 03.05.2005 in WP No.29221/1997 and WP No.45334 /2004 C/w. WP No.45386/2004 respectively. 3. The records produced show that aforesaid judgments of this Court were challenged before the Hon'ble Supreme Court in Civil Appeal Nos.3492 - 3494 of 2005 and other connected matters. The Hon'ble Supreme Court by the Judgment dated 20.04.2006 has confirmed the aforesaid Judgments of this Court. 4. One Dakshinamurthy and others filed contempt petition (C) No.144 of 2006 and 96 of 2007 and other connected matters alleging that the present respondent accused who were appellants in those cases have committed contempt of the Judgment of the Hon'ble Supreme Court in Civil Appeal No. 3492-3494/2005 and the connected matters. The Hon'ble Supreme Court, on hearing the parties, dismissed those contempt proceedings with the following observation. "… Having considered the judgment of this Court and the terms thereof and what has been stated by the respondents in the affidavits filed, it appears to us that the parties are in dispute with regard to the terms of the FWA. In respect of some of such disputes, writ petitions have been filed before the Karnataka High Court, which matters are presently pending. If the parties are in dispute with regard to the terms and implications of the different clauses of the FWA and the reciprocal rights and duties of the parties thereunder, it cannot be held that the respondents are guilty of wilful disobedience which satisfaction the Court has to record before reaching a conclusion that contempt of this Court has been committed." 5. Firstly, the judgments regarding which contempt is alleged have been merged with the judgment of Supreme Court in Civil Appeal Nos.3492-94/2005 and other connected matters. Further, Hon'ble Supreme Court did not find contempt of the order of the Hon'ble Supreme Court and dismissed the petition. Therefore, there is no scope to proceed with these contempt petitions. 6. For the aforesaid reasons, these proceedings are dropped. 7. The pending applications and memos stood disposed of.