Aappa Shankar Kokani (Suryavanshi) And ORS. v. Dundya Pandu Kokani (Dead) Thr. Lrs. And ORS.

Rane 1/2 CP (ST)-25840-2018 (SR.1) 15.1.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION (ST) NO. 25840 OF 2018 IN SECOND APPEAL NO. 723 OF 2017 Aappa Shankar Kokani (Suryavanshi) and Ors.

.....Appellants V/s.

Dundya Pandu Kokani and Ors.

....Respondents **** M. Ashok B. Tajane, Advocate for the appellants. Mr. S.R. Ganbawale a/w. Ms. Pooja P. Joshi, Advocate for respondents no.1A, 1B, 2D, 2F to 2J, 3 to 6 and 11. Ms. Tanya Goswami for respondent no.12 in Cont. Petition (St) No. 25840 of 2018.

CORAM : SANDEEP K. SHINDE, J.

CORAM : SANDEEP K. SHINDE, J.

Tuesday, 15 Tuesday, 15th th January, 2019.

January, 2019.

P.C. :

P.C. :

1.

The appellants have filed this application seeking action under the Contempt of Courts Act for alleged violation of order of status-quo passed by this Court on 9th

Rane 2/2 CP (ST)-25840-2018 (SR.1) 15.1.2019 April, 2018.

2.

Heard learned Counsel for the parties.

3.

I have heard the Second Appeal and dismissed the same by a reasoned order.

4.

It appears that, after the decree of partition, the Collector has partioned the property as evident from the order of Tahsildar, Baglan dated 9th August, 2016. This contempt application has been filed in the same month i.e. 25th August, 2018. Save and except the averments that the applicants allegedly interfered in the possession of the appellants in Gat No.105, there is nothing more to show that they breached the order of status-quo. Thus, in view of the facts aforesaid, I do not see any merit in the Contempt Petition. The petition is accordingly dismissed and disposed of.

(SANDEEP K. SHINDE, J)