Anwar Abdul Aziz Mahadevi (Since Deceased) And Others v. Mr. Baban Gyanba Balkawade And Others

k 1/2 9 civ cpa 21157.13 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT APPEAL (STAMP) NO.21157 OF 2013 IN CONTEMPT PETITION NO.308 OF 2012 Anwar Abdul Aziz Mahadevi since deceased represented by Mr. Kabir Anwar Mahadevi & ors.

..... Appellants V/s Mr. Baban Gyanba Balkawade & Ors.

..... Respondents Mr. Vivek V. Salunke for the Appellants.

CORAM : A.S. OKA & A.A. SAYED, JJ.

DATED : 22 JUNE 2016 ORDER:

By this Appeal under section 19 of the Contempt of Courts Act, 1971, the Appellants have challenged the order dated 13 June 2013 by which the learned Single Judge dismissed the Contempt Petition filed by the Petitioner seeking an action against the Respondents under the Contempt of Courts Act, 1971.

As far as the issue of maintainability of Appeal is concerned, the law is laid down by the Apex Court in the case of Midnapore Peoples' 1/2

k 2/2 9 civ cpa 21157.13 as.doc Co-op. Bank Ltd. and others vs. Chunilal Nanda & Ors.1 The Apex Court held that an order declining to initiate proceedings for Contempt or an order dropping proceedings for contempt is not appealable under section 19 of the Contempt of Courts Act, 1971. Therefore, the present Appeal is not maintainable and the same is disposed as not maintainable. However, it will be open for the Appellants to adopt appropriate remedy for challenging the order passed by the learned Single Judge in accordance with law.

(A.A. SAYED, J.) (A.S. OKA, J.) katkam (2006) 5 SCC 399 2/2