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Bombay High CourtCAN/60/2021disposedoff

Rameshchandra S/O Vishwanath Patel v. Uday S/O Nagesh Dhake

2021-09-07Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 can 60.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Civil Application (CAN) No. 60 of 2021 in Contempt Petition No. 107 of 2019 in Criminal Appeal No. 124 of 2010 [Rameshchandra S/o Vishwanath Patel ..vs.. Uday S/o Nagesh Dhake] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R. Siddhartha, Advocate h/f Mr. P. V. Navlani, Advocate for the applicants Mr. A. B. Mirza, Advocate for the respondent CORAM : ROHIT B. DEO, J.

DATED : 07-09-2021 This application is taken out seeking condonation of delay of 125 days in bringing on record the legal heirs of deceased petitioner. Legal heirs of the deceased petitioner contend that they are interested in prosecuting the contempt petition.

2.

While contempt is a matter between the Court and the contemnor, since the application is made by the legal heirs of the deceased petitioner, the same is allowed. The delay is condoned.

3.

The application is disposed of.

2 can 60.2021 Civil Application (CAN) No. 61 of 2021 4.

The application is allowed. The cause title be corrected and legal heirs mentioned in paragraph 2 of the application be brought on record in place of the petitioner.

5.

The application is allowed in aforestated terms. Contempt Petition No. 107 of 2019 6.

The respondent is absent. The respondent shall remain personally present at 10.30 a.m. on 16-9-2021. It is made clear that the learned counsel for the contemnor shall be heard on framing a charge and if the charge is framed, the contempt petition may be finally decided on that day.

7.

In the interregnum, the contemnors are at liberty to purge the contempt, if they think so fit.

JUDGE wasnik