Sopon Bhagwat Jadhavar And ANR v. Bhiva Chagdev Jadhavar And ORS

Trupti 49-cp-70-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 70 OF 2018 Sopan Bhagwat Jadhavar & Ors.

...Petitioners

Versus

Bhiva Chagdev Jadhavar & Ors.

...Respondents

......

Mr.P.B. Shah I/b. Mr. Kayval P. Shah for the Petitioners. ......

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE :

MARCH 01, 2018 P.C.:

1.

This Contempt Petition is filed against the respondents for breaching the order dated 5th May, 2017 passed by this Court in Second Appeal No. 133 of 2014.

2.

The learned Counsel for the petitioners submits that by order dated 5th May 2017, this Court has granted stay to the execution and implementation of the judgment and order dated 16th December, 2013 passed by the learned District Judge, Solapur in Civil Appeal No. 193 of 2011. He further submits that on 21st August 2017, the Officers from the Land Records had visited the suit property and taken measurement of the suit land.

1 / 2

Trupti 49-cp-70-18.doc 3.

Considering the nature of the order and alleged breach of the order dated 5th May 2017, I am of the view that making an application to the authority to take measurement of the suit land when status quo order is granted is not a contempt or breach of the order. Hence, Contempt Petition is dismissed.

(MRIDULA BHATKAR, J.) 2 / 2