Mr. Anthony Ignetious Carneiro v. Mr. Vijay Sebastian Gonsalves And ORS

21cp235.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.235 OF 2014 Anthony Ignetious Carneiro

...Petitioner

vs.

Vijay Sebastian Gonsalves & Ors.

...Respondents

Mr.Vaibhav Shah I/b M/s.Mulla & Mulla & Cragie Blunt & Caroe for the Petitioner Mr.Suresh M. Sabrad for the respondent Nos.1 to 4. CORAM : SANDEEP K.SHINDE, J.

DATE : AUGUST 13, 2019 P.C.:

The Contempnor alleges breach of the order dated 16th January 2014 passed in Writ Petition No.10041 of 2013 which was arising from the order passed by the Trial Court on 10th May 2013 below Application at Exhibit-5 in Special Civil Suit No.59 of 2013, This Court in order dated 16th January 2014 noted that parties to the suit have agreed for the following arrangement :

(a) Respondent No.1/Original plaintiff will not obstruct the petitioner/defendant No.1 from using the suit road.

21cp235.doc Mr.Sabrad learned counsel for the respondent Nos.1 to 4 in this contempt Petition submits that the Special Civil Suit No.59 of 2013 has been decreed by the Trial Court and the substantive Appeal against the said Decree has been filed being Regular Civil Appeal No.5 of 2019. He submits that the petitioner herein (original plaintiff) has caused appearance in the said suit.

In view of the aforesaid events, nothing survives in the contempt petition and the same is accordingly disposed of.

(SANDEEP K.SHINDE,J.)