Reeta David Yellery And ORS. v. Municipal Corporation Of Greater Bombay And ORS.

65-330-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 330 OF 2019 IN CIVIL APPLICATION NO. 5160 OF 2007 IN FIRST APPEAL NO. 2218 OF 2007 Reeta David Yellery and Ors.

...Petitioners

V/s.

Municipal Corporation of Greater Bombay and Ors.

...Respondents

Mr. Pankaj Kavli i/by Ms. Puja J. Acharekar for the Petitioners. Ms. Sheetal Mane Tadke i/by Ms. Aruna Savla for the Respondent Nos. 1 to 4.

CORAM : R.D. DHANUKA, J.

DATE : 11TH NOVEMBER, 2019.

P.C. :- 1.

By this contempt petition, the petitioners seek initiation of contempt proceedings against the respondents for alleged violation of the order dated 23rd October, 2007 passed by this Court granting status-quo in respect of the suit premises.

2.

I have heard the learned counsel for the petitioners as well as the respondents. I have also perused the affidavit in reply filed by the respondent nos.1 to 4 tendering unconditional apology. It is the case of the respondents that since no reply was received by the respondents as on 16th July, 2019, the respondents proposed to demolish the structure by removing rolling shutter. Since the order of status-quo was brought to the notice of the respondents, the 1/2

65-330-19.doc concerned staff immediately stopped the demolition work. The petitioners have already reinstalled the rolling shutter. Mr.Kavli, learned counsel for the petitioners does not dispute that the petitioners have already reinstalled the rolling shutter. 3.

The unconditional apology tendered by the respondents is accepted. I do not propose to initiate any action against the respondents in this petition.

4.

The contempt petition is disposed of on aforesaid terms. There shall be no order as to costs.

(R.D. DHANUKA, J.) 2/2