Shri. Vishwanath Annasaheb Jadhav Hawaldar v. Shri. Gulabrao Raghunath Ghorpade And ORS

1 911.113.16 cp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 113 OF 2016 Shri. Vishwanath Annasaheb Jadhav .....Petitioner Hawaldar V/s.

Shri. Gulabrao Raghunath Ghorpade .....Respondents and others Smt. Leena R. Sawant for the Petitioner Mr. S. H. Kankal AGP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

JULY 24, 2019.

P.C.

In Writ Petition No. 7067 of 2015 on 28/07/2015, this Court had granted Ad-interim relief in terms of prayer clause (d). The prayer clause (d) in the said petition reads as under: "(d) Pending hearing and final disposal of this Petition, stay enforcement and implementation of impugned Order dated 11-5-2015 mentioned in prayer (b) above, be granted".

2 911.113.16 cp.doc The order which is stayed i.e. order dated 11/05/2015 is informed to be rejecting the prayer for condonation of delay. As a consequence, stay to the prayer for rejection of condonation of delay during pendency of writ petition is formed to be basis for alleging Contempt. The submissions are, respondent ought not to have carried out mutation entry and as such, contempt. The learned AGP, in view of the affidavit of respondent/contemnor Tahsildar submits that there is no contempt. Perused the order of stay granted by this Court in Writ Petition and also prayer clause (d).

In my opinion, no case for contempt is made out. Petition stands dismissed. Contempt notices are discharged. [NITIN W. SAMBRE, J.]