Santana Nazareth., v. Viraj Kinalkar And ANR.,

cp17-18mca620-18dt.20-01-20 Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

CONTEMPT PETITION NO. 17 OF 2018 IN WRIT PETITION NO.314 OF 2017 WITH MISC. CIVIL APPLICATION NO. 620 OF 2018 Ms. Santana Nazareth.

....

Petitioner.

Versus.

Viraj Kinalkar and another.

..... Respondents.

Mr. L. Raghunandan, Advocate appointed under the Legal Aid Scheme for the Petitioner.

Mr. Vithal Naik, Advocate for Respondent No. 2 -Contemnor. Mr. Pravin Faldessai, Additional Govt. Advocate for Respondents No.3 & 4.

Coram : M.S. Sonak & Smt. M.S. Jawalkar, JJ.

Date : 20th January, 2020.

P.C. :- Heard Mr. L. Raghunandan, learned Counsel for the Petitioner appointed under the Legal Aid Scheme, Mr. Vithal Naik, learned Counsel for the Respondent No. 2-Contemnor and Mr. Pravin Faldessai, learned Additional Govt. Advocate for Respondents

cp17-18mca620-18dt.20-01-20 No.3 and 4.

2.

Mr. V. Naik tenders an affidavit-in-reply on behalf of the contemnor-Respondent No.2 in which it is stated that the work of construction of the retaining wall of the existing nallah has been duly completed. This position is confirmed by the learned Counsel for the Petitioner, on the basis of the instructions from the Petitioner, who is present in the Court today. The Petitioner, who is present in the Court today, also confirms that the orders of this Court have been duly complied with.

3.

Though we note that there was some delay on the part of the Contemnor in complying with the orders, we do not think it is appropriate to take any action against the Contemnor under the provisions of the Contempt of Courts Act.

4.

Accordingly, the notice issued to the Contemnor is, hereby, discharged and this Contempt Petition is disposed of by taking on record the additional affidavit-in-reply filed today. 5.

Pending Misc. Civil Application No.620/2018 no longer survives and the same is also disposed of.

Smt. M.S. Jawalkar, J. M.S. Sonak, J.