Vainateya Dattatraya Tulzapurkar v. Subhash Vasant Nikam And ORS

Dusane 1/2 can75.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.75 OF 2016 IN CONTEMPT PETITION NO. 287 OF 2015 Vainateya Dattatraya Tulzapurkar ....

Petitioner Vs.

Subhash Vasant Nikam & Ors.

....

Respondents And Vaivaswata Vainateya Tulzapurkar ....

Applicants & Ors.

Mr. Suneet Moholkar, Advocate for the Applicant. Mr. V.B. Tapkir, Advocate for Respondents no.1 and 2. Coram : Smt. R.P. SondurBaldota, J.

Date : 29th July, 2016 P.C.

This Application is for bringing the heirs of the deceased petitioner in Contempt Petition on record. The civil application is served upon the contesting respondents i.e. respondents no.1 and 2. The petitioner has not claimed any relief against respondents no.3 and 4, who are the subsequent transferees. Since the allegations made in the contempt petition

Dusane 2/2 can75.2016 are of violation of the orders of the court, this civil application cannot be allowed to be abated. According to the respondent, there is delay in filing the application. The delay has been explained by Mr. Moholkar, the learned advocate for the applicants by stating that the applicants were waiting to receive the certified copy of the death certificate. In my opinion, it is sufficient explanation offered by the applicants. Hence, the Application is allowed. The amendments to be carried out on or before 29th August, 2016. (Smt. R.P. SondurBaldota, J)