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Bombay High CourtCP/364/2019

Amrutlal Maganlal Khatri And ANR. v. Mr. Mayur Kamble, Secretary And ANR.

2019-08-13Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 35 CPST36337.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION (ST.) NO. 36337 OF 2018 Amrutlal Maganlal Khatri and anr.

....Petitioners V/s.

The Secretary, Mayur Kamble and ors.

....Respondents Ms. Manisha B. Prajapati for the petitioners. Mr. Akshay P. Jadhav for respondent nos.1 and 2. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 13th AUGUST, 2019 P.C.:- .

Heard Ms. Manisha Prajapati, the learned counsel for the petitioners and Mr. Akshay Jadhav, the learned counsel for respondent nos.1 and 2.

2.

By order dated 01/09/2014 passed in Civil Application No.1418/2012, this Court had granted ad-interim relief in terms of prayer clause (b) and had thereby restrained the respondents from disturbing the peaceful possession of the appellants / petitioners over the suit premises more particularly described in the plaint (S.C. Suit No.1284/2010). Despite the said order, the respondents addressed the letter dated 23/10/2018 to one Vispi Patel to disconnect the water and electricity supply of the petitioner. Such letter is in breach of the order 1/2

P.H. Jayani 35 CPST36337.18.doc dated 01/09/2014. The respondents have today filed an affidavit wherein they have tendered an unconditional apology for addressing the letter dated 23/10/2018 to Mr. Vispi Patel for discontinuing electricity and water supply. They have revoked and withdrawn the said letter and have given an undertaking to abide by the order dated 01/09/2014 and not to disturb the possession of the suit property. Ms. Manisha Prajapati, the learned counsel for the petitioners states that in view of the unconditional apology tendered by the respondents, she does not want to press for the Contempt Petition. 3.

The unconditional apology of the respondents is accepted. In view of the unconditional apology tendered by the respondents, Contempt Petition stands disposed of.

Preeti H.

Jayani (SMT. ANUJA PRABHUDESSAI, J.) Preeti H. Jayani Date: 2019.08.21 13:01:17 +0530 2/2