Rameshwar Kashinath Jirwankar v. Ramchandra Tukaram Ingale And Other

1 CP-358.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITON NO. 358 OF 2015 IN SECOND APPEAL NO. 84 OF 2015 Rameshwar Kashinath Jirwankar ...PETITIONER versus Ramchandra Tukaram Ingale and another ...RESPONDENTS .....

Mr. N.K. Tungar, Advocate for petitioner Mr. P.S. Koshti, Advocate holding for Mr. V.B. Anjanwatikar, Advocate for respondents. .....

CORAM : SUNIL P. DESHMUKH, J.

DATED : 1st DECEMBER, 2015 Order :-

1. Heard learned counsel for contempt petitioner. 2.

It is being alleged that there is breach of order dated 18th April, 2015 wherein status-quo was directed to be maintained by the parties. 3.

Learned counsel for contempt petitioner contends that while next date was 10th June, 2015, on 6th May, 2015 respondents had asked the contempt petitioner to move out of the house and that they had been battered, about which complaint has been lodged with Police Station, Nava Mondha, Parbhani and the same has been registered as noncognizable case. 4.

Learned counsel fairly refers to that pursuant to decree passed

2 CP-358.15 in the proceedings for eviction, possession has been taken over by the landlord in August, 2015.

5.

In such a position, there does not appear to be ostensibly any breach committed of underlying intention in order dated 18th April, 2015.

6. In the circumstances, this is not a case, wherein contempt proceedings should be initiated.

7.

Contempt Petition, as such, stands dismissed. Sd/- ( SUNIL P. DESHMUKH, J. ) MTK