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Bombay High CourtCP/533/2025disposed off

Shri Rameshwar Chs Ltd Through Its Secretary I E Sunil Anant Sawant v. Madarassa Muhammedia Talimulislam Welfare Society,

2025-08-04Hon'Ble Shri Justice Milind N. Jadhav3 pages

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 533 OF 2025 Shri. Rameshwar CHS Ltd., Through its Secretary i.e. Sunil Anant Sawant .. Petitioner

Versus

Madrassa Muhammedia Talimul Islam Welfare Society .. Respondent ....................

 Mr. Bhushan Walimbe a/w. Mr. Shashank Borade, Advocates for Petitioner.

 Mr. Shahhod Anwar Naqvi a/w. Imrun Amjad Khan, Advocate for Respondent.

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

CORAM

: MILIND N. JADHAV, J.

DATE : AUGUST 04, 2025.

P.C.:

1.

Heard Mr. Walimbe, learned Advocate for Petitioner and Mr. Naqvi, learned Advocate for Respondent.

2.

The present Contempt Petition impugn certain actions on the part of Respondent contrary to what is delineated in the judgment appended at Exhibit 'A' - page No.22 of the Petition. 3.

Both learned Advocates at the bar are ad idem that the said judgment is the subject matter of pending Regular Civil Appeal No.25 of 2023 wherein Exhibit 5 order been passed which is appended at Exhibit 'D' - page No.56.

4.

Mr. Walimbe has drawn my attention to the undertaking appended at Exhibit 'C' - page No.52 given by Respondent which finds it place and reflected in the Exhibit 5 order passed in Regular Civil Appeal.

5.

Without delineating any opinion on merits of the matter so as not to give any imprimatur of this Court and recording the statement of the learned Advocate for Respondent that Respondent shall abide by the undertaking which he has given and appended at Exhibit 'C' - page No.52 of the Petition present Contempt Petition is disposed of by directing the learned Appellate Court seized with the hearing of Regular Civil Appeal No.25 of 2023 as expeditiously as possible and in any event within a period of three (3) months from today.

6.

Considering the issue involved in the present case, both parties shall cooperate with the learned Appellate Court for the purpose of completing the hearing in the Regular Civil Appeal and not take any unnecessary adjournments unless there is an exigency. 7.

Learned Appellate Court shall ensure that if required Regular Civil Appeal be taken up on day to day basis for disposal within the aforementioned time frame and be decided strictly in accordance with law considering the exigency expressed by Mr. Walimbe, learned Advocate for the Co-operative Housing Society.

8.

All contentions of the parties are expressly kept open. 9.

Registry is directed to accept the Vakalatnama of Mr. Naqvi, learned Advocate for Respondent.

10.

With the above directions, Contempt Petition is disposed. [ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.08.05 11:11:14 +0530 AJAY TRAMBAK UGALMUGALE