Shri. Kamalkar Shankar Pawar And ANR v. Shri. Gorakh Bansilal More And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION (ST) NO. 26728 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. Sachin Dhakephalkar for Petitioner.

Mr. S. M. Kamble for Respondent.

------- CORAM : K. K. TATED, J.

DATE : DECEMBER 22, 2017 P.C.:

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Heard learned Counsel for parties 2.

The learned Counsel Mr. Kamble submits that he received instructions to appear on behalf of Respondent. He undertakes to file Vakalatnama on or before 6th January, 2018. Undertaking is accepted.

3.

The learned Counsel for both the parties submits Minutes of Order dated 22nd December, 2017. Same is taken on record and marked as "X" for identification. Same is accepted. 4.

Considering these facts, following order is passed.

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ORDER

(A) Contempt Petition stands disposed of in terms of Minutes of Order dated 22nd December, 2017 which reads as under :- " MINUTES OF ORDER 1] Agreed, declared and confirmed that the City Survey Officer, Malegaon, Dist. Nashik is appointed for measurement of Suit Property specifically mentioned in Para 1 of the Decree passed in Regular Civil Suit No. 188 of 2006 below Exhibit43. 2] Agreed, declared and recorded that the said City Survey Officer, Malegaon, Dist. Nashik will measure the Suit Property on 29/12/2017 at 11.00 am and it is also further recorded that all the parties will remain present for measurement of the Suit Property on the same day i.e. 29/12/2017 at 11.00 am.

3] Agreed, declared and recorded that this Hon'ble High Court be pleased to direct the Police Inspector of Chavani Police Station, Malegaon to give police protection at the time of measurement and handing over the possession of the Suit Property to the Petitioners.

4] Agreed, declared and recorded that measurement charges of the City Survey officer and 2/3

police protection charges will be borne by the Petitioners herein.

5] Agreed, Declared and recorded that after the measurement of the Suit Property the City Survey officer will make panchanama and if he found the Suit property in existence or in possession of the Respondent then same will be hand over to the Petitioners forthwith."

(B) Parties including City Survey Officer, Malegaon, District Nashik and Officer incharge of Chavani Police Station, Malegaon, District Nashik to act on authenticated copy of this order.

(C) Contempt Petition stands disposed of accordingly.

(K.K.TATED, J.) 3/3