Jyoti Rahul Gavane v. Rahul Balwantrao Gavane

504.388.25 cp.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 388 OF 2025 Neminath Co-operative Housing .....Petitioner Society Ltd.

Vs.

Shree 1008 Digambar Jain Mandir Trust .....Respondent Mr. Umesh Shetty, Senior Advocate a/w S. D'Souza, Mr. Gopalkrishna Nayak i/b Flavia Legal for the petitioner Ms. Nidhi Chheda, a/w Mr. Chintan Chheda, Ms. Lakshita Patyal for respondent nos. 1 and 2 Mr. Om Suryawanshi i/b Ms. Komal Punjabi for BMC Mr. Kausar Khan Pathan, AE (B&F) Mr. Mahesh Randhe JE (B&F) CORAM : GAURI GODSE, J.

IRESH MASHAL DATE :

23rd JUNE 2025 by IRESH MASHAL Date:

2025.06.24 13:23:19 +0530 ORDER:

1.

Not on board. Taken on production board.

2.

Learned counsel for the respondent nos. 1 and 2 seeks time to file affidavit-in-reply. She submits that there is no breach of the order passed by this Court. Hence, she would file the detailed affidavit-in-reply explaining the status of the property after the 1/2

504.388.25 cp.docx order of status-quo passed by this Court.

3.

Learned counsel for the Corporation submits that he shall take instructions regarding any steps taken for removal of the debris and also place on record the possible steps that can be taken for removal of debris.

4.

Learned counsel for the respondent nos. 1 and 2 is granted four weeks time to file a reply.

5.

Since a grievance is made on behalf of the society that because of the debris that is lying in the compound, the society members are facing hardships, the learned counsel for the Corporation shall file an affidavit stating in what manner, the debris can be removed.

6.

The appeal is due on 6th August 2025. However, considering the urgency, list the Contempt Petition and the Appeal on 8th July 2025. To be listed high on board in the caption of 'Admission'. [GAURI GODSE, J.] 2/2