Sumitra Prakash Shetty v. Uday Pingale

3 CP 9-25.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION LAXMI SUBHASH SONTAKKE CONTEMPT PETITION NO. 9 OF 2025 by LAXMI SUBHASH SONTAKKE Date: 2025.12.02 17:25:41 +0530 Sumitra P. Shetty

...Petitioner

Versus

Uday Pingale & Ors.

...Respondents

_______ Mr. S. G. Kudale a/w Kishor Jadhav for Petitioner. Mr. P. G. Sawant, AGP for Respondent No.5.

_______

CORAM:

AARTI SATHE, J.

DATE:

1st DECEMBER 2025 P.C.

1.

Heard learned Counsel for the parties.

2.

By way of the present Petition, the Petitioner has raised the issue that Respondent Nos. 1 to 3 have deliberately and willfully flouted the order passed by this Court dated 4th February 2020. By of the order dated 4th February 2020, this Court had directed that no further steps should be taken in pursuance of sealing the tenement of the Petitioner is concerned. This Court had further directed that since the main Petition in which the interim application is filed was to be admitted, the same could be considered along with the admission of the petition. 3.

The main Petition bearing Writ Petition No.7126 of 2019 is still pending as per submission of the learned Counsel for the Petitioner. However, since no further steps were to be taken in pursuance of the said order, it is the submission of the learned Counsel for the Petitioner that during the pendency of Writ Petition No. 7126 of 2019 Respondent Nos. 1 and 2 have taken possession of the said tenement in violation of the order dated 4th February 2020 sometime in Laxmi

3 CP 9-25.DOC May 2024. Prima facie, it appears that the Petitioner has made out a case for disobedience of the order dated 4th February 2020. 4.

Issue notice to Respondent Nos. 1 to 3.

5.

The Petitioner is permitted to serve the Respondents by private notice by all permissible modes of law and affidavit of service be place on record on or before the next date.

6.

Before any proceedings are initiated under the Contempt of Courts Act, 1971, this Court deems it fit to issue a show cause notice to the aforesaid contemnors to show cause as to why the proceedings under Contempt of Courts Act, 1971 should not be initiated. A reply to the show cause notice to filed within two weeks from today.

7.

Learned Counsel for the Petitioner shall supply a copy of the Petition to the learned AGP for the State.

8.

Learned AGP for the State also submitted that he will inform the concerned officer about this Petition and of the order passed today. 9.

List the matter for further consideration on 15th December 2025. (AARTI SATHE, J.) Laxmi