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Bombay High CourtCP/6/2019dismissed

Marcelina Simoes, Thr. Poa Of Xavier Manuel Simoes., v. Eshant Vasudev Sawant.,

2019-07-09Hon'Ble Shri Justice S. C. Gupte,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

1 CP6-19dt.09.07.2019 IN THE HIGH COURT OF BOMBAY AT GOA CONTEMPT PETITION NO. 6 OF 2019 IN WRIT PETITION NO. 695 OF 2017 MARCELINA SIMOES, THR. POA OF XAVIER MANUEL SIMOES., ... Petitioner

Versus

ESHANT VASUDEV SAWANT.

... Respondent Mr. Rohit Bras De Sa, Advocate for the Petitioner. Mr. D. Pangam, Advocate General with Mr. V. Sardessai, Addl. Government Advocate for Respondent Nos.1 to 3. Coram:- S. C. GUPTE & NUTAN D. SARDESSAI, JJ.

Date:- 9th July 2019 P.C.

Heard learned counsel for the Petitioner and learned Advocate General for the State. The Contempt Petition alleges a breach or disobedience of an order passed by this Court. The order passed on 11 th September, 2017, in turn, requires the Respondent Mamlatdar to ensure compliance with the order dated 15th October, 2009. The Mamlatdar has already disposed of the proceedings and complied with the order of 15th October, 2009. There is, accordingly, no merit in the main grievance in the

2 CP6-19dt.09.07.2019 Contempt Petition. It is, however, submitted that though the order has been complied with an electricity pole has been erected at site for provision of three phase electricity. It is not in dispute that this pipe was not the subject matter of the order of 15th October, 2009. Hence, there is no merit in the Contempt Petition. The Contempt Petition is dismissed accordingly.

NUTAN D. SARDESSAI, J. S. C. GUPTE, J. at*