Syyd. Umar Syyd. Hasam And Others v. Nasir Hussain Ab. Rashid And Others

1 / 2 caw2628.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (W) NO.2628 OF 2018 IN WRIT PETITION NO. 6936 OF 2016 (D) Sayed Umar Sayed Hasan and others vs.

Nasir Hussain Ab. Rashid, and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. D. S. Patil, counsel for petitioners.

Shri. M. Badar, counsel for respondent No.1 & 2.

CORAM

: MANISH PITALE, J.

RESERVED ON : 15/11/2019 PRONOUNCED ON : 10/12/2019 This is an application filed on behalf of the petitioners in Writ Petition No.6936/2016. The said application has been filed under Order 39 Rule 2-A read with Section 151 of Civil Procedure Code (C.P.C.), claiming a declaration that the respondent Nos. 2 and 3 intentionally and willfully disobeyed the injunction order dated 13/12/2016 passed by this Court in the aforesaid writ petition. The consequential reliefs have been sought in the said application.

2.

The learned counsel for the respondent Nos. 2 and 3 has correctly pointed out that such an application

2 / 2 caw2628.18 would not be maintainable when this Court is concerned with a writ petition and an interim order passed therein. In any case, this Court has dismissed the contempt petition filed by the petitioners making identical allegations against the respondent. Therefore, this application is dismissed. JUDGE KOLHE/P.A.