Mrs. Smita Rajesh Chawan And ANR. v. Smt. Shubhangi Sudhakar Dhuru And ORS.

33.CONPL.24477.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION (LODGING) NO. 24477 OF 2023 Smita Rajesh Chawan

...Petitioner

Versus

Shubhangi Sudhakar Dhuru & Ors.

...Respondents

WITH SUIT NO. 3387 OF 2005 ***  Mr. Mayur Khandeparkar a/w Mr. Saurabh Utangale and Mr. Sarthak Utangale i/b Utangale & Co., for Petitioner.  Mr. Aseem Naphade a/w Mr. Vikramjeet Garewal i/b Udit Raghuwanshi, for Respondent No. 1.

 Mr. P.G. Lad a/w Ms. Sayali Apte, for Respondent Nos. 2 to 5. SHRIKANT SHRINIVAS MALANI by SHRIKANT SHRINIVAS MALANI Date:

2024.02.21 17:33:11 +0530 *** CORAM : MANISH PITALE, J.

DATE : 20th FEBRUARY, 2024.

P. C. :

1.

In this contempt petition, affidavit in reply dated 20th December, 2023, sworn by respondent No. 2 / alleged contemnor is tendered. Copies of the same have been served on the petitioner. The said reply affidavit is not on record, although a subsequent affidavit dated 18th January, 2024, is on record. Reply affidavit tendered on behalf of respondent No. 2 / alleged contemnor is taken on record. 2.

The learned counsel appearing for respondent No. 2, inter alia, submits that leave and license agreement pertaining to Shop Nos. 1, 2 and 3 on the ground floor of the suit property are relevant documents in order to buttress the contentions raised on behalf of respondent No. 2.

Shrikant Malani

33.CONPL.24477.2023.doc 3.

The respondent No. 2 shall place on record an additional affidavit along with copies of leave and license agreements, so that the allegations made against respondent No. 2 can be appreciated in a comprehensive manner.

4.

Let the additional affidavit along with documents be filed within a period of two weeks from today.

5.

List for further consideration on 06th March, 2024, "High on Board."

(MANISH PITALE, J.) Shrikant Malani