Disposed

Eknath Bhikaji Kharat v. Maleka Begum Bashir Shaikh and Others

Bombay HC28 Jan 2014CP/28/2014

Case brief

AI extract

What is this about?

In a contempt petition alleging violation of interim orders regarding construction, the single judge dismissed the petition. The court directed the petitioner to file appropriate proceedings for violation of the transferred First Appeal before the District Court, Aurangabad.

What did the court decide?

Petitioner at liberty to file appropriate proceedings under Order XXXIX Rule 2-A CPC before the District Court.

Eknath Bhikaji Kharat Vs Maleka Begum Bashir Shaikh and… — Contempt of Court | Bombay HC (2014)

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cp28.14

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CONTEMPT PETITION NO.28 OF 2014 IN

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FIRST APPEAL NO.158 OF 2011

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Eknath s/o Bhikaji Kharat,
Age-72 years, Occu:Ex- Navy Man,
R/o Block No.6, Giriraj Housing Society,
Nariman Nagar, Railway Station Road,
Jalna, Tq. & Dist-Jalna.

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...PETITIONER

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 VERSUS

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1) Maleka Begum w/o Bashir Shaikh, R/o-Garam Pani, Aurangabad,

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2) Akhtar Begum w/o Shaikh Mahemood, R/o-Garam Pani, Aurangabad,

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3) The State of Maharashtra. ...RESPONDENTS

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...

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 Shri.V.P. Golewar Advocate for Petitioner.
 Shri.K.J. Ghute Patil, A.G.P. for Respondent
 No.3.

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...

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

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 DATE : 28TH JANUARY, 2014

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cp28.14

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ORDER :

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1.Heard learned counsel for the Petitioner.

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It is claimed that the orders passed in Civil
Application No.963 of 2011 in First Appeal No.158
of 2011 required that the Respondents should not
erect construction over the suit plot. Learned
counsel for Petitioner states that earlier there
were only two rooms and subsequent to orders dated
7th June, 2011 passed in Civil Application No.963
of 2011 in First Appeal No.158 of 2011, the
Respondents have further constructed the entire
suit plot.

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2.It is stated that in view of enhancement

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of jurisdiction, the First Appeal has now been
transferred to the District Court and is pending
in District Court, Aurangabad, as R.C.A. No.291 of
2012.

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3.As the Appeal is pending before the

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cp28.14

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District Court, Aurangabad, the Petitioner is at
liberty to take out appropriate proceedings like
under Order XXXIX Rule 2-A of the Code of Civil
Procedure, 1908, for the alleged violation of the
orders dated 7th June, 2011 passed in First Appeal
No.158 of 2011, which has now been transferred to
the District Court, Aurangabad.

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4. With the above observations and

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directions, this Contempt Petition is disposed of.

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 [A.I.S.CHEEMA,J.]

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asb/JAN14

Eknath Bhikaji Kharat v. Maleka Begum Bashir Shaikh and Others

Case brief

What is this about?

What did the court decide?

Eknath Bhikaji Kharat v. Maleka Begum Bashir Shaikh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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