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Bombay High CourtIA/8528/2024allowed

Santosh Ramanlal Maniyar v. Sapna Sanotsh Maniyar Alias Sapna Sharad Wakharia Alias Sapna Kalpesh Jain

2024-12-13Hon'Ble Shri Justice Milind N. Jadhav2 pages

P2.IAST.7505.2024.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION INTERIM APPLICATION (ST.) NO.7505 OF 2024 IN CONTEMPT PETITION (ST.) NO.5171 OF 2021 Santosh Ramanlal Maniyar .. Applicant

Versus

Sapna Santosh Maniyar alias Sapna Sharad Wakharia alias Sapna Kalpesh Jain .. Respondent ....................

 Mr. Naveen Sharma, Advocate for Applicant.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 13, 2024 P.C.

:

1.

Mentioned. Not on Board. Taken on Board.

2.

Heard Mr. Sharma, learned Advocate for Applicant. 3.

Perused the praecipe dated 13.12.2024 and the Interim Application.

4.

This Interim Application seeks restoration of Contempt Petition (Stamp) No.5171 of 2021 which came to be dismissed on 19.10.2022 for non-removal of office objections. 5.

Mr. Sharma would inform the Court that the reasons stated in paragraph No.3 of the Interim Application be kindly perused and considered. On going through the same and after hearing Mr. Sharma, I have no reason to disbelieve him.

6.

Though there is no specific prayer in the Interim Application

P2.IAST.7505.2024.doc for setting aside of order dated 19.10.2022, considering the facts stated by Mr. Sharma qua the contempt in question, in order to do substantive justice, I am inclined to consider the plea of Mr. Sharma and allow the Interim Application.

7.

In that view of the matter, order dated 19.10.2022 stands quashed and set aside. Contempt Petition stands restored to the record and file of the Court.

8.

Mr. Sharma assures the Court that he shall remove office objections within a period of three weeks from today. Registry shall permit Mr. Sharma to remove office objections within a period of three weeks from today.

9.

With the above directions, Interim Application is allowed and disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] HARSHADA HANUMANT SAWANT Date: 2024.12.13 14:13:26 +0530 HARSHADA HANUMANT SAWANT