Shivaji Buvasaheb Deshmukh And Another v. Vasant Kakasaheb Dhembre And Others

Chittewan 61.cp 325-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.325 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Harshad Inamdar for the Petitioners.

Mr. S.R. Morey i/b V.S. Talkute for Respondent Nos. 1 and 2.

CORAM

: K.K.TATED, J.

DATED : 15/09/2015 .

Heard the learned Counsel for the Petitioners and the learned Counsel for the Respondents.

The learned Counsel for the Petitioners submits that the Respondents have restrained the Petitioners from cultivating the suit land, though the order passed by this Court on 19 January 2006 in Second Appeal No.11 of 2006. Hence, the Respondents may be dealt with as per the provisions of the Contempt of Courts Act.

It is to be noted that by an order dated 19 January 2006, this Court admitted the Second Appeal No.11 of 2006 field by the Petitioners and 1/2

Chittewan 61.cp 325-13.doc stayed the operation and implementation of the impugned judgment till the final disposal of the appeal. The learned Counsel for the Petitioners failed to point out any order passed by this Court, restraining the Respondents from interfering with the Petitioners' possession and/or cultivating of the agricultural land.

Considering these facts, I am of the opinion that the Petitioners have not made out any case for entertaining the present Contempt Petition. Hence, the same is rejected.

(K.K.TATED, J.) CERTIFICATE Certified to be true and correct copy of the original signed order. 2/2