Writ petition challenging rejection of application for leave to file Contempt Notice of Motion. High Court found no case for interference and dismissed the petition.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8096 OF 2012
Vijay Kisan Avhad ..Petitioner Vs. Brihan Mumbai Mahanagar Palika ..Respondent
Mr. Pankaj Shah,for the Petitioner. Mrs. M. D. Munot, for the Respondent.
CORAM :- R. M. SAVANT , J. DATE :- OCTOBER 29, 2012.
P. C.:
1 The order impugned is one dated 06.08.2012 passed by the learned Judge of the City Civil Court, Greater Bombay, by which order, leave to take out contempt Notice of Motion against the Corporation has been rejected.
2 The Suit in question filed by the Plaintiff being L. C. Suit No.1885 of 1999 was disposed of by the decree passed on 18.07.2000 whereby it was ordered that the Plaintiff should not be dispossessed without following due process of law. It is the case of the Plaintiff that in spite of the said decree, the Plaintiff has been dispossessed and therefore by
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8096.12.wp
application filed on 30th July, 2012 leave to file Contempt Notice of Motion was sought. In my view, considering the aforesaid conspectus of facts the rejection of the said application by the reasons mentioned in the impugned order cannot be taken exception to. No case for interference is made out. The Writ Petition is accordingly dismissed.
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1 issue framed by the court
Whether leave to file Contempt Notice of Motion against the Municipality, which was denied by the City Civil Court, warrants interference in writ jurisdiction.
Vijay Kisan Avhad
Brihan Mumbai Mahanagar Palika
R. M. Savant
As recorded by the court registry
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