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Bombay High CourtCP/38/2004disposedoff

Shyamsunder Daulatram Nagpur. v. The Khatijibai Haji Ibrahim And Others.

2022-08-01Hon'Ble Smt. Justice M. S. Jawalkar1 pages

43. CP 38.2004

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO. 38 OF 2004 Shyamsunder Daulatram Bhambhwani (dead) thr. LRs. Nilesh Shyamsunder Bhambhwani and ors. ...VERSUS...

The Khatijibai Haji Ibrahim Tayyab Trust thr. its Office Bearers Shri Tariq Ahmed S/o. Majeed Ahmed and ors.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Nitin A. Lalwani, Advocate and Shri M.D.Bhambhwani, Advocate for petitioners Shri Piyush Shukla, Advocate h/f. Shri A.S.Manohar, Advocate for the respondent no. 1.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

st AUGUST , 2022.

The present Contempt Petition is filed claiming that there is a breach of terms settled between the parties. 2.

The said settlement had arrived between the parties in Regular Civil Suit No. 138 of 1988 and Regular Civil Suit No. 139 of 1988. It appears that Clause - 1 of Compromise Petition dated 3/1/1998 is complied. So far as Clauses - 2 and 3 are concerned, the parties are at liberty to take appropriate remedy as permissible in law. Even as per the judgment and order dated 14/06/2022, passed by this Court in Writ Petition No. 6397 of 2006 arising between the same parties, similar liberty is granted.

3.

In view thereof, there is nothing survives in this Contempt Petition and accordingly, the Contempt proceedings are dropped against the respondents.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar