Harun S/O Allabaksh Tamboli v. Shri. Sudhakar Telang, The Commissioner, Latur Municipal Corporation, Latur And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.178 OF 2016 IN R.C.S. NO.127 OF 2015 (Harun Allabaksh Tamboli Vs. Shri Sudhakar Telang and others) None for the petitioner.

Mr.Ajinkya Deshmukh h/f Mr.A.V.Hon, Advocate for respondent Nos. 1 and 2.

( CORAM : RAVINDRA V. GHUGE, J.) DATE : 17/10/2016 PER COURT :

1.

On 01/10/2016, this Court had passed the following order :- "1. Considering that the order at issue in this petition is a temporary injunction granted below Exh.5 under Order 39 Rule 1 and 2, the petitioner seeks time to take instructions as to whether the petitioner would desire to take recourse to Order 39 Rule 2(A) of the CPC.

2.

Stand over to 17/10/2016."

2.

None appears for the petitioner today even at the second call. 3.

Considering the fact that the order at issue is a temporary injunction granted below Exh.5 under Order 39 Rule 1 and 2 and considering that the petitioner has an alternate remedy available, I am not inclined to entertain this petition.

khs/OCT.2016/178-d

4.

As such, this petition is disposed of. Needless to state, the petitioner would be at liberty to seek appropriate remedies as may be available in law as regards the disobedience and for seeking execution of the order.

( RAVINDRA V. GHUGE, J.) khs/OCT.2016/178-d