In a contempt petition by legal heirs of a deceased plaintiff, the court allowed the petition to be withdrawn to enable the initiation of a substantive writ petition, with liberty as prayed and all questions left open.
Petition was allowed to be withdrawn so that the party can pursue substantive remedy by way of writ petition.
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.
cp-310.12.doc
1
SQP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.310 OF 2012
Rajaram Kedari Powar, Deceased through legal heirs, a) Dattatraya Rajaram Powar & Ors. ...Petitioners Versus State of Maharashtra & Ors. ...Respondents
Mr.P.S.Dani a/w Mr.Manoj Patil for Petitioners.
Ms.P.S.Cardozo, A.G.P. for Respondent No.1.
CORAM:- A.M.KHANWILKAR AND SMT.V.K.TAHILRAMANI, JJ. DATED:- OCTOBER 4, 2012.
P.C.
to be withdrawn with liberty as prayed. All questions are left open.
( SMT.V.K.TAHILRAMANI, J.) (A.M.KHANWILKAR, J.)
1/1
SQ Pathan
1 issue framed by the court
Whether the contempt petition stands allowed to be withdrawn to enable the pursuit of a substantive writ petition under Order 37 Rule 1(1) of CPC, second schedule.
Dattatraya Rajaram Powar & Ors.
State of Maharashtra
A.M. Khanwilkar
V.K. Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
