Disposed

Shivprakash Ramkishan Malpani and Ors. v. Kunal Ashokrao Aher and Others

Bombay HC23 Jan 2014CP/253/2013

Case brief

AI extract

What is this about?

This is an oral order in a contempt petition alleging disobedience of a no-third-party-interest direction. The court noted the underlying appeal was relegated to the District Court. The court disposed of the petition with liberty to pursue appropriate remedies in the District Court.

What did the court decide?

Contempt petition disposed of with liberty to pursue appropriate remedy in the District Court.

Shivprakash Ramkishan Malpani and Ors. Vs Kunal Ashokrao… — Contempt of Court | Bombay HC (2014)

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Contempt Petition No. 253.2013

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD

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CONTEMPT PETITION NO. 253 of 2013 IN

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CIVIL APPLICATION NO. 3919 OF 2011 IN

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FIRST APPEAL NO. 3224 OF 2009

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1] Shivprakash S/o Ramkishan Malpani, Age 50 years, Occ. Business, R/o R.P. Road, Jalna.

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2] Birajlal S/o Motilal Karva, Ae 48 years, Occ. Business, R/o. R.P. Road, Jalna

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3] Suresh S/o Nivruttirao Bharkad, Age 46 yars, Occ. Business, R/o Sardar Patel Road, Jalna, Dist. Jalna. ... Petitioners VERSUS

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1] Kunal S/o Ashokrao Aher, Age 25 years, Occ. Student & Agri., R/o Parbhani, Tq. & Dist. Parbhani.

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2] Kum. Swati D/o Ashokrao Aher, Age 27 years, Occ: Agri & Household, R/o Parbhani, Tq. & Dist. Parbnai.

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3] Rakshit Kumar S/o Shivjirao Aher, Age 22 years, Occ. Student, R/o Parbhani, Tq. & Dist. Parbhani.

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4] Ajinkya S/o Shivajirao Aher, Age 18 years, Minor U/G of his real mother, Geetanjali @ Sulochana W/o Shivajirao Aher, Age 45 years, Occ: Household & Agri., R/o Parbhani, Tq. & Dist. Parbhani.

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Contempt Petition No. 253.2013

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5]	Shivajirao Bajirao Aher, Age 50 years, Occ: Agri & Advocate, R/o Parbhani, Tq. & Dist. Parbhani.
6]	Geetanjali @ Sulochana W/o Shivajirao Aher, Age 45 years, Occ: Household & Agri., R/o Parbhani, Tq. & Dist. Parbhani.
7]	Ashok S/o Bajirao Aher, Age 62 years, Occ: Agriculture, R/o Parbhani, Tq. & Dist. Parbhani.
8]	Sushilabai W/o Ashok Bajirao Aher Age 62 years, Occ: Agriculture, R/o Parbhani, Tq. & Dist. Parbhani.
9]	Shri Bansi Ganpat Bangar, Age Major, Occ. Service as the Dy. Superintend of Land Record, Ambad, Dist. Jalna. Since retired now R/o. 768, Ajinkya Tara, Chatrapati Nagar, Satara area, Beed bye pass road, Aurangabad Dist. Aurangabad.
10]	Shri Rahul Suryawanshi, Age Major, Occ: Service as Chief Officer, Municipal Council, Ambad, Dist. Jalna.
11]	Shri Nilesh Shetty Sunkewar, Age Major, Occ: Service, the then Chief Officer, Municipal Council, Ambad, Dist. Jalna at present working as Chief Officer, Municipal Council, Dharmabad, Dist. Nanded.
12]	Shri Sumedh Sudhakar Kharwadkar, Age Major, Occ: Service as the Town Planner, Jalna, Dist. Collector Officer, Jalna.
13]	Shri S.A. Gadekar, Age Major, Occ : Service, the then Talathi, Ambad, at present working as Talathi Ghansavangi, Tq. Ghansavangi, Dist. Jalna. ... Respondents

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Contempt Petition No. 253.2013

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Mrs. K.P. Mutatkar, Advocate holding for Mrs. Anjali Dube (Bajpai), Advocate for petitioners Mr. S.R. Choukidar, Advocate for respondent Nos. 1 to 6 Mr. S.V. Natu, Advocate for respondent No. 7 & 8 Mr. B.N. Patil, Advocate for respondent No. 11 (absent) Mr. Swapnil A. Deshmukh, Advocate for respondent No.13

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CORAM : A.I.S. CHEEMA, J.

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DATED : 23rd JANUARY, 2014

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ORAL ORDER :

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. Heard. The learned Counsel holding for Mrs. Anjali Dube (Bajpai) learned Counsel for petitioner and learned Counsel for the respondents.

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It is stated that the present Contempt Petition was filed for disobedience of the order passed by this Court in Civil Application No. 3919/2011 in First Appeal No. 3224/2009. It is stated that the direction was given by this Court not to create any third party interest. The petitioners are claiming that in violation of the order, the respondents are creating third party interest. The respondents are disputing this fact.

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Contempt Petition No. 253.2013

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The learned Counsel for both the sides submit the First Appeal No. 3224/2009 has now been relegated to the District Court. in view of enhancement of jurisdiction of the District Court.

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The learned Counsel for petitioners states that in such circumstances, there is option to resort to order XXXIX Rule 2-A of the Code of Civil Procedure Code,1908 or any other provision as the petitioners desire. The learned Counsel for petitioner submits that petitioners will pursue their remedies in the District Court.

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With liberty to pursue the appropriate remedy, Contempt Petition is disposed of.

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( A.I.S. CHEEMA, J. )

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SDM* January-2014/Contempt Petition No. 253.2013

Shivprakash Ramkishan Malpani and Ors. v. Kunal Ashokrao Aher and Others

Case brief

What is this about?

What did the court decide?

Shivprakash Ramkishan Malpani and Ors. v. Kunal Ashokrao Aher and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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