No leniency for deliberate violators of court orders, says High Court

NT Correspondent

Bengaluru: The Karnataka High Court has strongly observed that a litigant who deliberately dis obeys court orders and fails to offer a valid explanation cannot expect any leniency from the court. It said that those who intentionally violate orders to gain undue benefit are not entitled to the court’s discretion or sympathy. Justice M.

Nagaprasanna, who heard the plea filed by Venugopala Krish namurthy and others re siding in New Jersey, USA, M. Tejaswini, who was running a preschool under the names Orange Playhome and Vidyadarpan Tutoriruled that disobedience of court orders without justification amounts to wilful contempt and an attempt to gain an unfair advantage.

Citing Supreme Court principles, the judge said the courts cannot grant relief in favour of such deliberate violators and need not examine their pleas on merit. In this case, the petitioners had leased their land to als. However, the tenant failed to pay rent for nearly five years. Despite a 2023 order from a lower court directing her to deposit the pendingrent, and the High Court later reiterating the same, the tenant failed to comply.

The bench noted that the tenant’s continued failure to deposit the ordered rent and her at tempt to obtain an in junction against eviction showed her obstinacy and misuse of the legal process. Therefore, the court struck down the tenant’s plea seeking an interim injunction to prevent the owners from reclaiming the property.

The owners had filed a suit seeking eviction and also requested an interim order directing the tenant to deposit the rent arrears with the court. As the ten ant failed to comply with multiple court directions, the High Court declared that her defence had no merit and that courts must not allow litigants to mis use the process by defying orders and continuing to occupy property rent-free.