IN THE HIGH COURT 01 I<ARN\TAkA CIRCUIT BENCH AT D[iAR\’AD DATED THIS THE 2’ DAY OP NOVEMBER 2011 PRESENT THE HON’BLE MR. JUSTICE SLBHASH H, AOl AND THE IION’BLE MR. JUSTICE k.N.IKESIIAVANARAYANA C.C.C.NO.2360 /201 1 (Civij BETWEEN: K .Veerappa S/ o K .Vishvanath. Age: 28 years, R/o Jali Lane, Hospeth Taluka. Bellarv District. ... complainant [By Sri.V.M.Sheelvant, Advocate] AND: 1. Smt.Chinnur amaravva, W/o late Chinnur Basavanna. Age: 70 years. R/o 5h Ward. Station Road. Hospet. Bellary District. 2. Smt.Parvathv. D/o late Chinnur Basavanna. Age: 70 years, R/o 5h Ward. Station Road, Hospet. Be11ar District. ... Accused [By Sri.Aja E. Patil. Advocate] This CCC (Civil) is filed under Sections 10 and 12 of the Contempt of Courts Acts, 1 971 r/ v Article 2 1 5 of the Constitution of India, praying to secure the presence of the accused, initiate contempt proceedings and punish them for having committed contempt of the order dated 28.1.2009 passed by this Court in H.R.R.P.No.517/2008 and undertaking dated 6.2.2009. produced at Annexures A and B. This CCC (Civil) coming on for orders this day, Subhash B. Adi, J., made the following: ORDER The petitioner has alleged that the respondents have committed contempt of Court by violating the order of this Court dated 28. 1 .2009 and the undertaking given by them in HRRP.No.517/2008. 2. It is alleged that, the respondents even after giving the undertaking than they will voluntarily vacate and hand over the vacant possession of the premises in question on or before 30.7.201 1, they did not voluntarily vacate and hand over the possession of the vacant premises to the petitioner. In turn the petitioner was made to file an Execution Petition for recovery of the possession and in the Execution Petition. deliver3 warrant was taken and on execution the possession ‘as taken on 19.10.2011. 2. Respondent No.1 is the mother and respondent No.2 is the daughter and they are aged about 70 years and 42 years respectively. They have filed an affidavit tendering unconditional apology for their conduct of over staying in the suit property. Further they have stated that they are ready to pay Rs.300/- as damage per month, including the damages of Rs. 100/- per month along with the rent of Rs.200/- per month, for the period of their over stay. They have paid the damages to the tune of Rs.4,500/- in cash to the petitioner for the said period ivith the rent as per the undertaking given to this Court in H.R.R.P.NO.517/2008. 4 3. Considering the unconditional apology and the payment of damages. we deem it proper to close the proceedings. Accordingh. the contempt proceedings are dropped. The warrants ordered by this Court is also recalled. Sd/ JUDGE Sd! JUDGE RS / *