PADMA Vs. RAKESH SINGH

JUDGEMENT

(1.) Whether contempt jurisdiction can be invoked for enforcement of a decree passed in a civil suit? This is the question that requires to be answered in this case and is answered as follows: The appropriate course for a decree holder is to approach the Executing Court for enforcement of the decree and not to invoke contempt jurisdiction unless exceptional circumstances exist.

(2.) In this petition, complainant is seeking to initiate action against the accused alleging disobedience of the judgment and decree dated 5.4.2014 passed by the Court of Additional II Civil Judge, Bangalore Rural District, Bangalore in the suit in O.S.No. 632/2011 granting permanent injunction restraining the defendant from interfering with the plaintiffs' possession of the suit property without due process of law.

(3.) Sri A.S.Ponnanna, learned Additional Advocate General appearing for the accused submits that, this petition to initiate action for Contempt of Court for alleged disobedience of the aforesaid decree of permanent injunction is not maintainable in the light of the law laid down by the Supreme Court in Kanwar Singh Saini v. High Court of Delhi (2012) 4 SCC 307 : 2011 (108) AIC 65 (SC), He specifically referred to the following at paras 18 and 19 thereof: