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Bombay High CourtCP/50/2015dismissedrule discharged

Kamlakar Digambar Joshi And Others v. Sudhakar Maruti Chafekar And Others

2015-07-01Hon'Ble Shri Justice Nitin W. Sambre2 pages

cp50-15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 50/2015 Kamlakar Digambar Joshi and others .. PETITIONERS

Versus

Sudhakar Maruti Chafekar and others .. RESPONDENTS ...

Shri A.N.Sabnis h/f Shri S.V.Kulkarni,Adv. for petitioners Shri G.R.Ingole,AGP for respondent State.

...

CORAM : N.W.SAMBRE,J.

DATED : 1st JULY, 2015 ORDER :- The contempt is alleged for non compliance of order dated 4/10/2013 passed by this Court in Civil Application No.12431/2013 in Second Appeal No.269/2012. By said order, this Court has directed the Superintendent of Land Records, Latur and his subordinate Deputy Superintendent of Land Records, Chakur to measure land gat no.414 situated at village Anjansoda Bk. Tq. Chakur,Dist.Latur and fix boundaries of the Kalika Devi Mandir Sansthan as per 7/12 extract. 2] Pursuant thereto, the Deputy Superintend of Land Records has issued communication to the registry on 21/1/2014 intimating measurement of land in compliance of the order

cp50-15 -2referred supra on 30/12/2013.

3] Shri Sabnis, learned counsel for petitioners would urge that the said measurement is contrary and in disregard to the order of the District Court which is subject matter of Second Appeal.

4] In my opinion, if the order of this Court in Civil Application No.12431/13 dated 4/10/2013 is seen, there appears to be compliance at the behest of Deputy Superintendent of Land Records, Chakur.

5] In my opinion no case for contempt is made out. Petition stands dismissed.

(N.W.SAMBRE,J.) umg/