Rustum Devrao Hegadkar v. Dnyanoba Rustom Hegadkar And ANR

sr.12-conpw-18-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TRUSHA TUSHAR MOHITE ORDINARY ORIGINAL CIVIL JURISDICTION TRUSHA TUSHAR MOHITE Date: 2025.11.13 12:36:52 +0530 CONTEMPT PETITION NO. 18 OF 2025 WITH SHOW CAUSE NOTICE NO. 18 OF 2025 IN CONTEMPT PETITION NO. 18 OF 2025 Rustum Devrao Hegadkar .. Petitioner

Versus

Dnyanoba Rustom Hegadkar & Anr.

.. Respondents Adv. Shraddha Singh i/b Adv. Seema Singh, for the Petitioner. Adv. Nazia Shaikh- AGP, for Respondents - State. CORAM: FIRDOSH P. POONIWALLA, J.

DATE: NOVEMBER 12, 2025 P. C.

1.

This Contempt Petition is filed alleging contempt of an Order dated 30th August, 2024 passed by this Court. 2.

In the said Order dated 30th August, 2024, it is recorded that the counsel appearing on behalf of the Respondents therein had made a statement that the flat would be vacated by 9th November, 2024. It is the case of the Petitioner that the said flat has yet not been vacated by the Respondents.

3.

By an Order dated 16th June,2025, it was recorded that, when this Contempt Petition was listed on 6th May, 2025, the Respondents failed to appear before this Court.

Mansi Shelke

sr.12-conpw-18-2025.doc 4.

The show cause notice had been made returnable on 6th May, 2025. Further, the Order dated 16th June, 2025 also records that, even on 16th June 2025, the Respondents neither appeared nor had been represented. It was further recorded that the Bailiff's Report dated 7th March, 2025 indicates that the show cause notice was received by Respondent Nos. 1 and 2. 5.

In these circumstances, by the said Order dated 16th June, 2025, Petitioners' Advocates were permitted to inform the Respondent and their Advocate about the next date of hearing by private service. Further, the Respondents were put to notice that, in the event they continue to remain absent and unrepresented on the next date of hearing, the Court would proceed that the matter under the Contempt of Courts Act ex-parte. 6.

Despite the aforesaid, the Respondents are not present in Court. 7.

In the light of the fact that the show cause notice has already been issued to the Respondents, and the Respondents have chosen not to appear in the matter, let a bailable warrant be issued for arrest of the Respondents and producing them before the Court on 26th November, 2025. The Prothonotary and Senior Master of this Court to take appropriate action in this regard.

8.

Stand over to 26th November, 2025 (FOB).

[FIRDOSH P. POONIWALLA, J.] Mansi Shelke