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Bombay High CourtC.REF/1/2018disposedoff

Shri. S.K. Kulkarni, District Judge, Nagpur v. Smt. Yamunabai @ Venubai Bapurao Bhongale And Another

2019-12-04Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

16C.REF 1.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL REFERENCE (CONTEMPT) NO.1 OF 2018.

(Shri S.K.Kulkarni, District Judge-11, Nagpur Vs. Smt. Yamunabai @ Venubai Bapurao Bhongale and Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri N.S.Rao, A.G.P.

Shri A.A.Choubey, Advocate for the respondents. CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 04, 2019.

Heard.

At the outset, this Court vide order dated 06/03/2018 passed in Appeal Against Order No.16/2017 while dismissing the appeal directed the learned District Judge to proceed further with the matter.

Accordingly, the learned District Judge vide letter No.265/2018 dated 15/06/2018 referred the matter to this Court under Section 10 of the Contempt of Courts Act, 1971.

It is interesting to note that the learned District Judge vide order dated 20/01/2016 while deciding the application under Order 39 Rule 2A of the Code of Civil Procedure reached to the conclusion that the non-applicants therein have committed contempt of Court and referred the matter to this Court.

The learned counsel for the respondents

16C.REF 1.18 has rightly pointed out the specific provision under Order 39 Rule 2A of the Code of Civil Procedure which is related to proceeding further in case of disobedience of the order of the Civil Court. Accordingly, the learned District Judge is directed to proceed further with the matter under Order 39 Rule 2A of the Code of Civil Procedure. Civil Contempt Petition No.1/2018 stands disposed of. No costs.

JUDGE Sumit