:1: IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 08th DAY OF NOVEMBER 2011 PRESENT THE HON’BLE MR. JUSTICE K. L. MANJUNATH AND THE HON’BLE MR. JUSTICE K. GOVINDARAJULU C.C.C. No.2348/2011 [CIVIL1 BETWEEN: DYAMANAGOUDA S/O KRISHNAGOUDA PATIL SINCE DECEASED BY HIS LRS: SUJATA W/0 DYAMANAGOUDA PATIL AGE: 29 YEARS, 0CC: HOUSEHOLD, R/O MADANABHAVI, TQ. & DIST: DHARWAD, 2. SHARADABAI D/O DYAMANGOUDA PATIL AGE: 5 YEARS, 0CC: NIL R/O MADANABHAVI, TQ. & DIST: DHARWAD, SINCE MINOR REP: BY HER MOTHER GUARDIAN i.e., COMPLAINANT NO.1. PETITIONERS/COMPLAINANTS (By Sri. A S PATIL ADV.) AND: RUKMAVVA AGE: 62 YEARS, R/O C/O CHANNAPPA KALLAPPA PYATIGOUDAR BHURANKI CROSS. POST: BHURANKI, TQ: KHANAPUR, BELGAUM RESPONDENT/ACCUSED (By Sri. A.D.SHILLEDAR: SANTOSH B.RAWOOT ADV.) THIS CCC IS FILED U/S.11 AND 12 OF THE CONTEMPT OF COURTS ACT R/W, ARTICLE 215 OF CONSTITUTION OF INDIA, PRAYING TO PUNISH THE ACCUSED FOR VIOLATING THE INTERIM ORDER DATED: 24/11/2008 PASSED BY THIS HONBLE COURT IN W.P. NO31056/2008 AS PER ANNEXURE-A. This appeal coming on for final hearing this day, K.L.Manjunath, J, made the following: ORDER Heard the learned counsel for the parties. 2. The contention of the petitioners in this contempt petition is that the respondent in utter violation of the interim order granted by this Court in Writ Petition No.31056/2008[KLR] dated 24.11.2008 has entered into a registered agreement to alienate the disputed land in question in favour of a third party. Therefore, the present petition is filed to take action against the respondent for having violated the interim order dated 24.11.2008. 3. The defence of the respondent is that she was not aware of the interim order granted in the afore-said Writ Petition. Therefore, the petition filed by the :3: petitioners under Section 12 of the Contempt of Courts Act is not maintainable. 4. Having heard the learned counsel for the parties, the only issue in this petition is whether the respondent has entered into an agreement to sell the property under a registered document knowing fully well the interim order passed in W.P. No.3 1056/2008[KLR]. There is nothing to show that the notice in the Writ Petition was served on the respondent. It is her specific case that she is not a resident of Bhuranki Cross of Bhuranki Village of Khanapur Taluk, but she is a resident of Mangenakoppa Village, Khanapur Taluk. 5. We have also secured the records in the Writ Petition in order to ascertain whether 4th respondent was notified about the interim order passed by the Court before show could execute the registered :4: document. On perusal of the records, we are of the view that no notice was served on the respondent. 6. In view of the above, we are of the opinion that no proceedings under Section 12 of the Contempt of Courts Act can be initiated against the respondent as she was not aware of the interim order. Accordingly, the contempt petition is dismissed. It is needless to state that till the disposal of the Writ Petition, the respondent shall not proceed further in continuation of the registered agreement. Sd/a JUDGE RKK/- Sd/ JUDGE