Rustum Devrao Hegadkar v. Dnyanoba Rustom Hegadkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION JITENDRA SHANKAR NIJASURE CONTEMPT PETITION NO.18 OF 2025 IN WRIT PETITION NO.2908 OF 2024 JITENDRA SHANKAR NIJASURE Date: 2025.04.30 18:13:21 +0530 Rustum Devrao Hegadkar
...Petitioner
Versus
Dnyanoba Rustom Hegadkar
...Respondent
---------- Ms. Shraddha Singh, i/b. Ms. Seema Singh for the Petitioner. ---------- CORAM : R.I. CHAGLA J.
DATE : 29TH APRIL, 2025.
ORDER :
1.
By an Order dated 16th December, 2024, this Court had given simple notice to the Respondents returnable on 20th January, 2025. It is observed in the said Order that the Order dated 30th August, 2024 passed by this Court had not been complied with by the Respondent. Thereafter the matter had come up on 18th February, 2025. It was noted by this Court that simple notice had been issued to the Contemnors / Respondents. However, inspite of notice being issued by this Court and Notice having been served on the Contemnors / Respondents on 13th January, 2025 none appeared for the Contemnors / Respondents. This Court had prima facie found 1/3
that the Contemnors / Respondents are in breach of their statement made to this Court recorded in paragraph 6 of the Order dated 30th August, 2024 viz. that the Contemnors / Respondents shall vacate the Flat No.705 by 9th November, 2024 and shall not lodge any further complaints against the senior citizens or any of his other family members. It noted the submission made by the Counsel appearing for the Petitioner that the Contemnors / Respondents have failed to vacate the said Flat No.705 by the stipulated date. Show Cause Notice was issued under the Contempt of Courts Act, 1971 against the Contemnors / Respondents, returnable on 17th March, 2025. 2.
On the adjourned date i.e. 27th March, 2025 when the matter come up, this Court noted that the show cause notice has been served upon the Contemnors / Respondents. However, the Respondents / Contemnors have failed to make an appearance and accordingly, this Court had issued fresh show cause notice under the Contempt of Courts Act, 1971 against the Contemnors / Respondents returnable on 15th April, 2025 with the understanding that in the event, the Contemnors again fail to make an appearance on the returnable date, they shall be proceeded with under the Contempt of Courts Act.
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3.
It appears from the service report dated 27th April, 2025 that the show cause notice issued on 22nd March, 2025 was unserved as the Contemnors / Respondents against whom the show cause notice had been issued were not found in the premises and the premises was found locked.
4.
Accordingly, the returnable date for issuance of show cause notice is extended by period of one week from today i.e. 6th May, 2025 on the supplementary board.
5.
In addition the show cause notice being issued under the Contempt of Courts Act, 1971, the Petitioners are permitted to serve by way of private notice on the Contemnors / Respondents whereby the Contemnors shall be put to notice that if they fail to make an appearance on the returnable date, they shall be proceeded with under the Contempt of Courts Act.
6.
The Advocates for the Petitioners shall file Affidavit of Service prior to the next date.
[ R.I. CHAGLA J. ] 3/3