Bombay High CourtCP/22/2015dispossed offdismiss for default

Shailesh S/O Arjun Gaikwad v. Dr. Harshadeep Kamble, The Chairman Nagpur Improvement Trust, Through Its Chairman And Another

2016-01-12Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

1201cp22.15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CONTEMPT PETITION (cp) No. 22 OF 2015 (In W.P. No. 1515/09 [D]) Shailesh s/o Arjun Gaikwad v.

D.M. Sonwane, Div. Officer, NIT, Nagpur & anr. ------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram Courts's or Judge's orders appearances, Court's orders or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------ Coram : B.P .Dharmadhikari and V.M.Deshpande, JJ.

Date : 12 th JANUARY, 2016 Heard Advocate Khamborkar for the petitioner and Adocate Deogade h/f Mr. S.K. Mishra for the respondent. Perused the sir-rejoinder filed on behalf of Divisional Officer, Nagpur Improvement Trust.

In paragraph 2 in the sir-rejoinder it is expressly mentioned that the N.I.T. is not undertaking any activity on the subject land and it has high degree of respect to the orders passed by this Court. It is also mentioned that the land in question is leased out by the State Government to the society and the lease has expired, but it has not been renewed as yet.

In view of this statement, Shri Khamborkar fairly

1201cp22.15 states that the petitioner does not wish to argue the contempt on merits and the matter can be disposed of. He further points out that the petitioner receives right to deal with the averments and developments pointed out in paragraph 3 of sir-rejoinder in accordance with law.

In this situation, without prejudice to the rights of the petitioner, if any, arising out of averments in paragraph 3 of sirrejoinder dated 28.8.2015 sworn by Hemant Deorao Morey and filed vide St.No. 9402/15 on record of this contempt petition and in view of the assertions in paragraph 2 thereof, we dispose of this contempt petition.

JUDGE JUDGE /TA/