Mr. Manikchand Jalanchand Tatia And ORS. v. M/S. Chidambaram Mulraj And Co. Pvt. Ltd., And ORS.

DSS 32-cp-107-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.107 OF 2012 Manikchand Jalanchand Tatia and ors.

.. Petitioners.

vs.

M/s. Chidambaram Mulraj & Co. Pvt. Ltd.

and ors.

.. Respondent.

Mr. Mahesh Rawool i/b P.B. Shah for the Petitioner. Mr.Aditya Thakkar a/w. Rahul Jain and Mamta Kadam i/b RES Legal for Respondent Nos.1 and 3.

CORAM : M. S. SONAK, J.

DATE : 2 FEBRUARY , 2015 P.C. :- 1] This contempt petition alleges breach of order dated 1 October 2012, as clarified on 30 April 2003.

2] By order dated 1 October 2012, the parties were directed "to maintain status quo as on today". By order dated 30 April 2003, it was clarified that such status quo order was made with regard to the possession of the suit land.

3] From the material on record, it is not possible to decide as to what was precisely the status quo on the date when the order dated 1 October 2002 was made. The allegations is that such status quo 1/2

DSS 32-cp-107-12 was breached after the period of almost ten years from making of the order, i.e., some time on or about 7 January 2012. Again, it is not possible for this Court in exercise of its contempt jurisdiction to investigate into such issues at this length of time. 4] By order dated 27 June 2014, Writ Petition No.3846 of 2001, in which the interim order was made, has itself been disposed of. 5] Thus, without being in any manner going into the rival claims with regard to possession or matters connected thereto, it is noted that there is no case made out to exercise the contempt jurisdiction. 6] Accordingly, the present contempt petition is dismissed. (M. S. SONAK, J.) dinesh 2/2