Habibur Rehman Attaullah Siddiqui Muslim v. Attikur Rehman Habibur Rehman Siddiqui And ANR

AO-1220-15-(37)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1220 OF 2015 WITH CIVIL APPLICATION NO.1549 OF 2015 Habibur Rehman Attaullah Siddiqui ..Appellant Vs.

Attikur Rehman Habibur Rehman Siddiqui ..Respondent Mr. G. V. Pandya for the Appellant CORAM :

R. M. SAVANT, J.

DATE :

7th JUNE, 2016 P.C.

The impugned order dated 11-6-2015 arises out of Contempt Notice of Motion No.754 of 2015 filed by the Appellant, by the said order adinterim relief in terms of prayer clause (c) is refused. The Contempt Notice of Motion is referable to Order 39 Rule 2(A) of the Civil Procedure Code, as the Appellant alleges breach of an order passed in the Suit. Hence the above Appeal from Order filed by the Appellant is not the appropriate remedy for the Appellant. The Appellant may take recourse to appropriate remedy as per law. The Appeal from Order is disposed of as not maintainable. In view of the disposal of the above Appeal from Order, the Civil Application No.1549 of 2015 does not survive and to accordingly stand disposed of as such.

[R.M.SAVANT, J] mmj