High CourtsDivision Bench(2025) 03 KAR CK 0483

Puttamma & Ors. vs T.C. Annapoorna D/O Late T.S. Chowdappa & Ors.

Karnataka High Court, Principal Bench · Decided on 4 March 2025

HON’BLE JUDGES
R Devdas, J
RESULT
Disposed Of
CASE NUMBER
Civil Contempt Petition No. 502 Of 2024

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

10 paragraphs · 299 words

N. V. Anjaria, CJ

1.

This contempt petition is directed against the order dated 29.06.2016 which is passed in Regular Second Appeal No.900 of 2016. The order reads as under,

"Heard. This appeal is admitted to consider the following substantial questions of law:-

1) Whether the Lower Appellate Court is justified in reversing the judgment and decree of the trial court only on the basis of Ex.D1 to D77 in view of the provisions of Section 92 of Transfer of Property Act.?

2) Were the Courts below justified in conferring title on defendant No.1 in respect of item No.2 of the Plaint schedule property on the basis of Ex.D4 and Ex.D5 which are revenue records and not documents of title in view of the decision of the Supreme Court in the case of Corporation of City of Bangalore Vs. M Papaiah and another, reported in AIR 1989 SC 1809?

3) Whether the lower Appellate Court is justified in reversing the judgment and decree of the trial court without following the procedure as contemplated under order 41 Rule 31 of CPC?

Both the parties are directed to maintain status quo with regard to suit schedule property - alienation.

Call for records. Paper book to be filed within six weeks from today."

2.

The entire subject matter is at large in the Regular Second Appeal, the order directing the parties to maintain status quo is only interim during the pendency of the appeal to be subject to the final outcome. In the circumstances, when no rights of the parties are finally crystallized, the court is not inclined to invoke the jurisdiction under the Contempt of Courts Act, 1971.

3.

Leaving the parties to workout their rights and remedies in the pending proceedings, this contempt petition is not entertained and stands dismissed.