In contempt petition, Petitioner claimed Respondent impeded his enjoyment of property and obstructed his right to lease it. Court observed that no case for criminal contempt was made out and dismissed the petition without expressing an opinion on the right to lease.
Petition disposed of with no case made out for criminal contempt.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CONTEMPT PETITION NO.7 OF 2010
Raj Ramesh Desai ...Petitioner Versus
Shri Pradeep Vasant Desai & Anr. ...Respondents
Mr.S.A.Bhagwat for Petitioner.
Mr.A.M.Kulkarni for Respondent No.1.
Mr.P.A.Pol, P.P. for Respondent No.2 State.
CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- SEPTEMBER 27, 2010.
P.C.
the Petitioner in enjoyment of the said property and not allowing the Petitioner to give the said property on leave and license. The fact that the
Petitioner is entitled to give the property on leave and license cannot be discerned from the order dated 12th December 2003. Indeed, the Petitioner
is put in possession of the disputed property. If the Respondent No.1 causes
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any obstruction to the Petitioner with regard to peaceful enjoyment of the property during the relevant period, it will be open to the Petitioner to take recourse to such remedy as may be permissible by law. At the same time, it will be open to the Petitioner to seek clarification from the appropriate Court as to whether the Petitioner, in addition to enjoying the property himself, is also entitled to give the premises on leave and license basis. We express no opinion in that behalf.
(P.D.KODE, J.)
(A.M.KHANWILKAR, J.)
2 issues framed by the court
Whether the Petitioner has made out a case for initiating criminal contempt proceedings against Respondent No.1.
Whether the order dated 12th December 2003 gives the Petitioner the right to give the property on leave and license.
Raj Ramesh Desai
Shri Pradeep Vasant Desai & Anr.
A.M.KHANWILKAR
P.D.KODE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
