Association Of Apartment Owners Of Sadiqabad Condominium, Thr. Its President, Rakesh V. Gandhi v. Shri. Manoj Kumar Padamraj Modhsaraf And Others

1 CP319-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CONTEMPT PETITION NO. 319/2019 IN WRIT PETITION NO. 7618/2018 (P) (THE ASSOCIATION OF APARTMENT OWNERS OF SADIQABAD CONDOMINIUM VERSUS MANOJ KUMAR PADAMRAJ MODHSARAF & ORS) Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

CORAM : A. S. CHANDURKAR AND SMT. PUSHPA V. GANEDIWALA , JJ.

ATED : 14 TH JUNE , 2021 None for the petitioner.

The grievance sought to be raised in the contempt petition is with regard to non-compliance of the ad-interim order dated 02.11.2018 passed in Writ Petition No.7618 of 2018. By that order, the respondent nos.8 to 13 in the said writ petition were restrained from proceeding further with the construction of the disputed structure. On 08.12.2020, this Court passed an order directing the listing of the present contempt petition alongwith the said writ petition. On 14.01.2021, Writ Petition No.7618 of 2018 was disposed of by recording a statement made on behalf of the respondent nos.2 to 5 that the conditional permission granted to the construction put up by the respondent nos.8 to 13 came to be subsequently revoked as the conditions on the basis of which such conditional permission was granted were not met.

Liberty was granted to the parties to take further action in accordance with law in the light of such rejection. Since we find that grievance was raised against the non-compliance of an ad-interim order and now the conditional permission itself has been revoked, we are not inclined to entertain the present proceedings. The liberty granted to the petitioner in Writ Petition No.7618 of 2018 redresses its grievance. The contempt petition is disposed of. (SMT. PUSHPA V. GANEDIWALA, J.) (A. S. CHANDURKAR, J.)