Pandurang Trimbak Athavale, Thr. Poa. Tushar Suryakant Deshpande (Res. No.1 To 7) And ORS. v. Ms. Jyoti Kadam, Sub-Divisional Officer

1 5.71.19 cp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 71 OF 2019 Pandurang Trimbak Athavale, .....Petitioner through POA. Tushar Suryakant Deshpande (Respondent No. 1 to 7) V/s.

Ms. Jyoti Kadam, Sub-Divisional Officer .....Respondent Advocate Indrayani Koparkar i/b Advocate N. P. Deshpande for the Petitioner Mr. S. L. Babar AGP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

AUGUST 6, 2019.

P.C.

In a heirship proceedings, Civil Judge Senior Division, Pune passed an order on 30/04/2016 in favour of the petitioner in relation to property of which mutation entry is sought. The Sub-Divisional Officer ('SDO' for short) on 19/03/2018 alleged to have passed an order contrary to the heirship certificate.

2 5.71.19 cp.doc As such, this contempt.

As order of SDO in the matter of cancellation of mutation entry is appealable one, in my opinion, contempt proceedings are not maintainable.

Petition stands disposed of with liberty to challenge the order of SDO before the competent forum.

[NITIN W. SAMBRE, J.]