Smt. Niranjana C. Khandhadiya (Since Dec.) Thr. Mr. Pratik Chandrkant Khandhadiya v. Kunal Natwrlal Sharma

1/2 908.CP.587.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 587 OF 2022 Smt. Niranjana C. Khandhadiya (since Dec.) Thr. Mr. Pratik Chandrkant Khandhadiya

...Petitioner

Versus

Kunal Natwrlal Sharma

...Respondent

Mr. Pratik C Khandhadiya, Petitioner, party-in-person present. CORAM : NITIN W. SAMBRE, J.

DATED :

13th OCTOBER, 2022 P.C.:

1.

Heard, petitioner, party-in-person.

2.

My attention is invited to the order dated 25/06/2019 passed in Civil Revision Application No. 427 of 2016 wherein the applicant/respondent has withdrawn the aforesaid revision application.

3.

It is also brought to my notice that the applicant/respondent without there being any liberty granted by this Court in the aforesaid order has initiated RAE Suit No. 1002 of 2019 seeking relief of eviction and possession.

4.

The contentions are, once the revision was withdrawn by the applicant/respondent, without being any liberty act of filing of the akn 1/2

2/2 908.CP.587.2022.doc eviction suit amounts to contempt.

5.

I am afraid that the act alleged by the applicant/respondent in the present proceeding cannot be termed to be contempt within the provisions of Contempt of Courts Act.

6.

The petitioner has appropriate remedy to agitate his claim on the issue of maintainability of the claim. 7.

In view of above, the present contempt petition stands dismissed.

ANANT KRISHNA NAIK ANANT KRISHNA NAIK Date: 2022.10.14 14:49:45 +0530 (NITIN W. SAMBRE, J.) akn 2/2