Shashikant Bapu Aher v. Ramesh Gangadhar Wagh

Digitally signed by VARSHA VIJAY RAJGURU Date:

2024.01.15 12:54:44 +0530 VARSHA VIJAY RAJGURU varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3184 OF 2021 WITH CONTEMPT PETITION NO. 310 OF 2023 Shashikant Bapu Aher ... Petitioner vs.

Ramesh Gangadhar Wagh and Ors ... Respondents Mr. Anuj Tiwari for petitioner.

Ms. Anamika Malhotra for respondent no.6.

Ms. Naiana B. a/w. G.R. Agrawal for respondent nos. 1, 8 to 11. Mr. P.P. Pujari for, AGP for respondent nos. 2, 3 and 7-State. CORAM : GAURI GODSE, J.

DATED : 12th JANUARY, 2024 P.C. :- 1.

Learned counsel for the petitioner seeks leave to withdraw the petition to agitate his grievance in the suit which is already filed i.e. Regular Civil Suit No. 115 of 2020. Leave granted with liberty as prayed.

2.

Writ petition is disposed of as withdrawn with liberty as prayed.

3.

It is clarified that the merits of the petition are not examined and all contentions of all parties are kept open. Page no. 1 of 3

4.

In view of the withdrawal of the writ petition, interim order granted in the writ petition stands vacated.

CONTEMPT PETITION NO. 310 OF 2023 5.

This Contempt Petition is filed for taking action against respondent no. 1, 2, 3, 4 and 10 alleging that they have committed breach of order dated 22nd July 2021 passed in Writ Petition No. 3184 of 2021. By order dated 22nd July 2021, order impugned in the Writ Petition was stayed. Writ Petition is filed for challenging the order dated 18th January 2021 passed in Revision Application No. 20 of 2020. Revision Application No. 20 of 2020 was filed for challenging the order passed in Vahiwat Case No. 17 of 2019. By order dated 18th January 2021, order passed by Tahsildar in Vahiwat Case No. 17 of 2019 is set aside. Thus, stay of the order impugned in the Writ Petition will not automatically revive the order passed in Vahiwat Case No. 17 of 2019 until the order in the said case is restored.

6.

Learned counsel for the petitioner was unable to point out what is the exact breach committed by any of the respondents. Even otherwise, Writ Petition is disposed of as not pressed. 7.

Even otherwise, stay of the order impugned in the writ petition will not automatically revive the order passed in Vahiwat Case till the Page no. 2 of 3

order is restored. The contempt petition is devoid of any merit. Hence, contempt petition is dismissed.

(GAURI GODSE, J.) Page no. 3 of 3