Afzalkhan Karimkhan Pathan Thr Lrs Habib Khan And Others v. Dhule Municipal Council Thro. Commissioner And ORS

cp665.17 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.665 OF 2017 IN SECOND APPEAL NO.10 OF 2007 Afzal Khan Karim Khan Pathan, since deceased, thr. L.Rs.

1.

Habib Khan Afzal Khan Pathan, Age: 60 years, Occu: Business 2.

Gaffar Khan Afzal Khan Pathan, Age: 57 years, Occu: Business 3.

Masood Khan Afzal Khan Pathan, Age: 52 years, Occu: Business 4.

Salim Khan Afzal Khan Pathan, Age: 48 years, Occu:Business, All R/o : Karim Bidi Compound, Dhule, District Dhule ..PETITIONERS

VERSUS

1.

Dhule Municipal Council/ Dhule Municipal Corporation, Through its Commissioner, Dhule 2.

Mrs. Sangeeta Dhaigude, Age: Major, Occu: Commissioner, Municipal Corporation, Dhule 3.

Mr. Kailas N. Shinde, Age: Major, Occu: Engineer, Municipal Corporation, Dhule 4.

Mr. C. C. Bagul, Age : Major, Occu: Junior Engineer, Municipal Corporation, Dhule

cp665.17 (2) 5.

Mr. S. G. Nikam, Age: Major, Occu: Executive Engineer, Maharashtra Jivan Pradhikaran, Dhule ..RESPONDENTS Mr Anand P. Bhandari, Advocate for petitioners CORAM : NITIN W. SAMBRE, J.

DATE : 22nd November, 2017 ORAL ORDER Heard Mr Bhandari, learned Counsel for petitioners. 2.

By inviting attention of this Court to the action taken by the respondents, as reflected from communications in page nos. 28 to 33, he would urge that the order of interim relief, passed by this Court on 10th June, 2008, is violated / breached.

3.

If the contentions are appreciated, what is required to be noticed is, there is hardly any material to infer that the property is taken over by the Municipal Council / Municipal Corporation.

4.

In view thereof, I hardly notice any contempt in the present petition. As such, contempt petition stands dismissed.

(NITIN W. SAMBRE, J.) sjk