Dismissed

Shri Uttam Bandu Sonawane v. Shri Subhash Uttam Sonawane and Ors.

Bombay HC17 Jun 2013CP/165/2013

Case brief

AI extract

What is this about?

In a contempt petition alleging breach of an order, the Court examined claim that the petitioner remained in actual possession of suit land and house. Relying on statements by counsel and parties clarifying symbolic possession, the Court held no case for contempt existed.

What did the court decide?

Contempt Petition dismissed as no case made out for contempt proceedings.

Shri Uttam Bandu Sonawane Vs Shri Subhash Uttam Sonawane… — Contempt of Court | Bombay HC (2013)

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45.sa.165.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CONTEMPT PETITION NO. 165 OF 2013

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Shri Uttam Bandu Sonawane

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.. Petitioner

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Vs.

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Shri Subhash Uttam Sonawane and other .. Respondents

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Mr.R.M. Haridas i/b Mr.P.N.Joshi, for Petitioner.

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Mr.B.K.Barve and Ms.Manisha Mahaveerkar i/by B.K.Barve & Co., for respondent No.1. Mr.A.I.Patel, AGP for respondent Nos. 2 to 5.

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CORAM : R.G.KETKAR, J. DATE : 17^th June, 2013

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P.C. :

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. Heard Mr.R.M.Haridas, learned Counsel for petitioner,

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Mr.B.K.Barve, learned Counsel for respondent No.1, Mr.A.I.Patel, learned AGP for respondent Nos. 2 to 5.

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This Contempt Petition is filed alleging the breach of the order dated 22/01/2013 passed by this Court in Writ Petition No. 507 of 2013. By that order, the petition was kept for admission on 28/01/2013 and in the meantime, there was ad-interim order granted

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in terms of prayer clause (c). Prayer clause (c) of the petition reads as under.

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“In the alternative pending the hearing and final disposal of this Writ Petition, the Order of Stay granted by the Learned Civil Judge, Jr.Division, Yeola dated 29/09/2010 on Exhibit – 17 may kindly be continued.”

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-: 2 :-

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45.sa.165.13

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At page 7 of the petition, the petitioner has averred as

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under :

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“The Petitioner, however, has not actually handed over actual possession of the Suit Land. There is standing crop in the Suit Land which is raised by the Petitioner. The petitioner also himself is residing in the house which is situated in the Suit Land Gat No. 218 itself.”

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Mr.B.K.Barve has also invited my attention to the assertions at page 7 and submitted that as per petitioner’s own showing, he has not actually handed over possession of the suit land and that he is residing in the house situated in the suit land bearing Gat No. 218.

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Even otherwise, Mr.B.K.Barve, upon taking instructions from respondent No.1, who is present in the Court, states that petitioner is in actual possession of the suit land as also house situated therein.

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Mr.Patel, upon taking instructions from respondent Nos. 2 to 4, who are present in the Court, states that only symbolic possession is taken and pursuant thereto, changes have been made in the relevant revenue record. He further states that actual physical possession of the suit land as also house situated therein is with the petitioner and respondent Nos.2 to 4 have not taken actual physical possession from the petitioner and in turn handed over to respondent No.1. He further states that within 4 weeks from today, necessary steps will be taken for correcting the revenue record.

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-: 3 :-

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45.sa.165.13

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The statements made by learned Counsel appearing for the respondent No.1 and respondent Nos. 2 to 4 are recorded. 8. In view of above, no case is made out for initiating proceedings under Contempt of Court’s Act, 1971. The Contempt Petition is dismissed accordingly.

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(R. G. KETKAR, J.)

Shri Uttam Bandu Sonawane v. Shri Subhash Uttam Sonawane and Ors.

Case brief

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Shri Uttam Bandu Sonawane v. Shri Subhash Uttam Sonawane and Ors.

Case brief

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What the court decided

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