Pandurang Kushaba Bankar Died Through Lrs Uttam Pandurang Bankar Died Throgu Lrs Joytibai And Other v. Subhashsingh Kisansingh Rajput And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 238 OF 2015 IN CRIMINAL REVISION PETITION NO. 197 OF 1998 PANDURANG S/O. KUSHABA BANKAR (DECEASED) THROUGH L.RS. AND OTHERS

VERSUS

SUBHASHSINGH S/O. KISANSINGH RAJPUT AND OTHERS Advocate for Petitioner : Shri P.R. Patil h/f. Shri C.D. Biradar.

Advocate for Respondent Nos. 1 & 3 : Shri B.N. Palve. Advocate for Respondent No. 2 : Shri R.N. Dhorde h/f. Shri V.R. Dhorde.

AGP for Respondent No. 4 : Shri N.T. Bhagat.

CORAM : RAVINDRA V. GHUGE, J.

Dated : March 06, 2017 Per Court :

1.

Affidavits-in-reply have been filed by respondent Nos. 1 to 3 from page Nos. 175 till 220.

2.

Learned AGP submits, on instructions, received through a communication dated 20/02/2017 from respondent No. 4 / Tahsildar that in the proceedings pending before him, he has heard the litigating sides and he would be deciding the proceedings in accordance with law.

3.

There is no dispute that the order dated 17/10/1998, passed by the learned Additional Sessions Judge, Aurangabad, in Criminal Revision Petition No. 197/1998, would indicate that the present petitioner would not be dispossessed except in accordance with the process of law. 4.

Certain contentions have been brought before this Court through the affidavits of the respondents, that the petitioners have purportedly sold out the suit property. I am not required to consider these issues in contempt proceedings. Taking into account the fact that the law will take its own course in the event the petitioners are to be dispossessed and since the learned AGP makes a statement on instructions that the petitioners are in possession of the suit property, this contempt petition can be disposed of.

5.

Considering the above, this contempt petition stands disposed of. ( RAVINDRA V. GHUGE, J. ) S.P.C.