Bombay High CourtCP/172/2015dispossed offdismiss for default

Sheshrao Rambhau Kawale And Others v. Sandalbee Sheikh Jabbar And Others

2015-10-07Hon'Ble Shri Justice Z.A. Haq2 pages

1 cp172.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO.

/201 IN WRIT PETITION NO.

5610/2014 (D) Sheshrao Rambhau Kawale and others ..Versus..

Sandalbee Sheikh Jabbar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.N. Upadhyay, Adv. for the petitioners. Shri D.V. Siras, Adv. for respondents 1 to 3. CORAM : Z.A. HAQ, J.

DATE : 7.10.2015 The grievance of the petitioners is that the possession of the suit property was not given to the petitioners inspite of undertaking given to this Court, as recorded in the order passed in Writ Petition No. 5610/2014 on 9 th March, 2015.

Shri Upadhyay, advocate for the petitioners submits that the respondents have handed over vacant possession of the suit property

2 cp172.15 to the petitioners. Considering the fact that the vacant possession of the suit property is given by the respondents to the petitioners unconditionally and considering the facts of the case, I am not inclined to invoke the jurisdiction under the Contempt of Courts Act, 1971. The notice is discharged. The petition is disposed of in the above terms. In the circumstances, the parties to bear their own costs. JUDGE Tambaskar.