The Court held it is not an executing court for civil decrees. In light of the one-decade pendency, the Contempt Petition alleging non-compliance of a 2006 decree was dismissed.
-contempt petition dismissed.
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.
1/1 11 CP 252-10.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. 252 OF 2010
Shaikh Mohd.Umer .. Petitioner Versus Shaikh Mohd.Anjum & ors .. Respondents
Ms.Maya Updesha, Now V.P filed for the petitioner. None for the respondents.
CORAM: BHARATI DANGRE, J. DATED : 5th MARCH 2020
P.C:- 1 The Contempt Petition alleges disobedience of a decree passed by the City Civil Court, Mumbai on 19th August 2006. The suit was filed in the year 2001, decreed in the year 2006 and in the year 2010, the contempt proceedings are instituted alleging that the decree is not complied with and the orders by the City Civil Court are not abided with. 2 This Court is surely not an executing Court for executing the orders passed by the Civil Courts. The petitioner has remedy to execute the decree and in light of this fact, Contempt Petition which is pending in this Court for last one decade deserve a dismissal.
SMT. BHARATI DANGRE, J
Tilak
3 issues framed by the court
Whether a contempt petition seeking execution of a decree should be accepted or dismissed.
Whether this Court is competent to execute orders of the City Civil Court.
Whether a pending contempt petition over a decade-old decree deserves dismissal.
Shaikh Mohd.Umer
Shaikh Mohd.Anjum & ors
BHARATI DANGRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
