Disposed
Aruna Vitthalrao Bhosale v. Ushabai Chandan Gatagat and Anr.
Bombay HCCP/42/2010
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from the order text
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COURT OF JUDICATURE AT BOMBAY APPELLATE…
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FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
CONTEMPT PETITION NO.42 OF 2010
Office Notes, Office
Memoranda of Coram,
appearances, Court's
orders or directions
and Registrar's orders
Court's or Judge's orders
CORAM: P.R.BORKAR, J.
Date : July 21, 2010
None for the contempt petitioner. Shri
S.S.Manale, Advocate for Respondent No.2.
1.On the face of it, contempt petition
is not tenable as the order of which the
contempt is alleged is not passed by the
court. Original proceedings were arising
out of mutation entry.
2.In the circumstances, contempt
petition stands disposed of with liberty to
the petitioner to follow other remedy
available in law.
(P.R.BORKAR, J.)
3. Lateron Mr. Venjane, learned Advocate
for the petitioner appeared and prayed for
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recall of the order.
4.Advocate Shri Venjane is heard on
merits. He canvassed that the Additional
Commissioner has acted as a court.
However, I am not satisfied with the
submission. Original proceedings are
regarding taking of mutation entry in the
revenue record and therefore violation of
the order would not be contempt of the
court under the Contempt of Courts Act.
5.However, as made clear earlier, the
petitioner is entitled to pursue any other
remedy available under the law for breach
of the order.
6. Contempt petition stands disposed of.
pnd/cp42.10
(P.R.Borkar, J.)
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2 issues framed by the court
Whether a proceeding arising out of mutation entry by an Additional Commissioner constitutes contempt of a court.
Whether the petitioner is entitled to pursue other remedies for breach of the order impugned.
Contempt Petitioner
Respondent No.2
P.R. Borkar
As recorded by the court registry
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