Durgaram Shankar Naik v. Suresh Ramsingh Gurkha And 3 ORS

9-CP-12-2022.DOC Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

CONTEMPT PETITION NO.12/2022 WITH WRIT PETITION NO.583/2017 DURGARAM SHANKAR NAIK ... PETITIIONER

Versus

SURESH RAMSINGH GURKHA AND 3 ORS.

... RESPONDENTS Mr A. D. Bhobe with Ms A. Fernandes, Advocates for the Petitioner.

Mr Rohan Desai with Ms Arya Parrikar, Advocates for Respondents No.1 to 4.

CORAM:

M. S. SONAK, J.

DATED:

12th JANUARY 2024 P.C.:

1.

Heard Mr A. D. Bhobe for the Petitioner and Mr Rohan Desai for Respondents No.1 to 4.

2.

Te respondents have filed affidavits and even report of the Civil Engineer along with photographs. From the material produced on record I am satisfied that there is sufficient compliance with the undertaking recorded in the order dated 16.08.2017.

12th JANUARY 2024

9-CP-12-2022.DOC 3.

Mr Bhobe points out that there is no full compliance because some part of the wall and the structure which falls within 3 meters to the extent of about 20 cms. is not removed yet. From the material placed on record, this does appear to be a case to initiate any contempt proceedings. Te photographs have also beein produced showing the demolition. Tere is also a report of the Civil Engineer in the context of demolition and compliance with the undertaking.

4.

Considering all these aspects, these Contempt Proceedings are dropped. Tere shall be no order for costs. M. S. SONAK, J.

SUCHITRA NANDAN SINGBAL Date: 2024.01.15 14:32:36 +05'30'

SUCHITRA NANDAN SINGBAL 12th JANUARY 2024