K.S.HEMALEKHA,J. - (1.)The present contempt petition is filed under Ss. 11 and 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as "the Act" for short) to take action and punish the accused-contemnor for deliberate and willful disobedience of the interim order of this Court dtd. 22/11/2012 in RSA No.553/2012.
(2.)The case of the complainants is that the complainants had filed suit in O.S. No.29/2009 for partition and separate possession of the suit schedule properties which came to be dismissed by the Trial Court by its judgment and decree dtd. 1/2/2011. Aggrieved by which, the complainants preferred R.A.No.145/2011, which is also came to be dismissed on 5/12/2011. Aggrieved by the judgment and decree in the regular appeal, the complainants preferred RSA No.553/2012 before this Court and the said appeal was admitted and an interim order was granted directing the respondent therein i.e., the accused-contemnor not to alienate/encumber/create or otherwise discharge the suit schedule property pending disposal of the appeal.
(3.)It is stated by the complainants that, though the interim order was well within the knowledge of the accused-contemnor, and he willfully disobeyed the interim order granted by this Court dtd. 22/11/2012 and has created third party rights by executing registered sale deed dtd. 7/4/2014 in favour of one Smt. Rajamma wife of H.M. Girish in respect of item No.4 and by executing a registered mortgage deed dtd. 7/3/2014 in favour of one B. Mahesh in respect of item No.1 of the suit schedule property. According to the complainants, the said fact came to the knowledge of the complainants only when the RTC extracts was obtained by the complainants in respect of the suit schedule property. The complainants therefore, seek to initiate appropriate action against the accused-contemnor for having committed deliberate, willful disobedience of the directions issued by the learned Single Judge.