Jyoti Rahul Gavane v. Rahul Balwantrao Gavane

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 388 OF 2025 IN APPEAL FROM ORDER ST NO. 13629 OF 2025 Neminath Cooperative Housing ....Petitioner Society Ltd.

Vs.

Shree 1008 Digambar Jain .....Respondents Mandir Trust and anr Mr. Umesh Shetty, Senior Advocate a/w Mr. Gopalkrishna Nayak i/b Flavia Legal for the petitioner Mr. Drupad Patil a/w Mr. Om Suryawanshi i/b Ms. Komal Punjabi for respondent BMC Mr. Kausar Khan Pathan (A.E.) K/E Ward Mr. Mahesh Randhe J.E. (B&F) K/E Ward CORAM : GAURI GODSE, J.

IRESH MASHAL DATE :

9th JULY 2025 by IRESH MASHAL Date:

2025.07.11 11:05:23 +0530 ORDER:

1.

This Contempt Petition is filed by the defendant-society who is party to the L.C. Suit No. 181 of 2025. The grievance of the society is that the plaintiff/appellant in the Appeal has committed breach of the order of status-quo passed on 16th April 2025, in the appeal.

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2.

The appeal is dismissed by order dated 8th July 2025. The appeal was arising out of dismissal of interim application in appellant's suit challenging notice of demolition. The structure in question is demolished except for some part. The society's building is in the same compound in which the demolished structure was situated.

3.

Learned senior counsel for the petitioner submits that the main grievance of the society which survives today, is the hardships and difficulties faced by the society in view of the debris which is lying in the compound of the society pursuant to the demolition.

4.

Learned counsel for the Corporation on instructions submits that Corporation would remove the debris and shall recover the charges from the plaintiff.

5.

Learned counsel for the plaintiff submits that the plaintiff would not be liable to make payment of any charges. 6.

By keeping the rival contentions of both parties open, statement made on behalf of the Corporation is accepted that the debris will be removed. Corporation is therefore, at liberty to 2/3

recover the cost for removal of the debris. The assurance regarding removal of debris is accepted as assurance to this Court.

7.

In view of the aforesaid statement, learned counsel for the Petitioner submits that nothing further would survive in the grievance made in the Contempt Petition at this stage. 8.

The Contempt Petition is therefore, disposed of. [GAURI GODSE, J.] 3/3