A contempt petition alleging breach of an injunction order was dismissed, as both parties contended that the underlying suit was withdrawn and the order had been complied with.
None. The petition was dismissed with no order as to costs.
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.
904-CP-146-2016.doc
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO.146 OF 2016
Mr. Shravan L. Joshi Through Power of Attorney Holder youngest son of Plaintiff, Dwaresh S. Joshi
…Petitioner
V/s.
Shri. Mahendra L. Joshi & Ors. …Respondents
Mr. Jamsheed Master i/b Ashok M. Saraogi, for the Petitioner.
Ms. Mansi Kaku i/b Dhaval Vussonji & Associates, for Respondent No.2.
Mr. S. D. Rayrikar, AGP, for the Respondent-State.
CORAM : MADHAV J. JAMDAR, J. DATED : OCTOBER 04, 2023
P.C.:
1. Heard Mr. Jamsheed Master, learned counsel appearing for
the Petitioner and Ms. Mansi Kaku, learned counsel appearing for Respondent No.2.
2. The Contempt Petition has been filed as it is the contention of the Petitioner that the order dated 26th August 2003 passed in Notice of Motion No.478 of 2003 in Pauper Petition No.1 of 2003 has been breached. By the said order dated 26th August 2003, prayer clause (b) of the Notice of Motion was granted except the
1
904-CP-146-2016.doc
bracketed portion. The said prayer clause (b) reads as under :
“(b) That pending the hearing and final disposal of the petition, the respondents, their servants and family members be restrained by an order and injunction of this Hon’ble Court from [dealing with or] disposing of or inducting any one else or transferring the rent bills or putting up any construction or allowing any one else to put up any construction on the suit properties.”
3. It is the contention of both the learned counsel that thereafter, the dispute between the parties has been settled out of the Court and, therefore, the said suit itself, has been withdrawn.
4. In view of above development, learned counsel appearing for the Petitioner states that he has instructions not to press the Contempt Petition as the order of which breach is committed has been complied with.
5. Accordingly, the Contempt Petition is dismissed with no order as to costs.
[MADHAV J. JAMDAR, J.]
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Arjun Dwaresh S. Joshi
Shri. Mahendra L. Joshi
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
