The court recorded that the petitioner intended to withdraw the contempt petition as allegations were unfounded and the interim application was declared infructuous.
Leave to withdraw the contempt petition was allowed; the contempt petition was dismissed; the interim application was disposed of as infructuous.
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.
27-IA-6528-2024.docx
rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 116 OF 2017
IN
WRIT PETITION NO. 10053 OF 2009
Shri Vijay Uttam Balwadkar … Petitioner Vs. Shri Umesh Manohar Korade and Another … Respondents
WITH
INTERIM APPLICATION NO. 6528 OF 2024
IN
CONTEMPT PETITION NO. 116 OF 2017
S. S. Properties
… Intervener
In the matter between Shri Vijay Uttam Balwadkar … Petitioner Vs. Shri Umesh Manohar Korade and Another … Respondents
Mr. Suresh M. Sabrad a/w. Mr. Dhanraj Chavan, Mr. Amey Sawant and Mr. Pratik Sabrad for the Applicant (Intevenor in Contempt Petition). Mr. Sandeep Waghmare for Respondent No.1. Mr. Rohit Pawaskar for Respondent No.2.
CORAM : GAURI GODSE, J.
DATE : 13th MARCH 2024
Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date: 2024.04.02 19:18:24 +0530
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27-IA-6528-2024.docx
P.C.
since the objection was only with respect to measurement, the petitioner does not intend to proceed with the Contempt Petition.
“(b) That pending hearing and final disposal of the present writ petition, the execution, implementation and/ or operation of the impugned order dated 25/8/2009, the Respondent No. 30, passed by the Ld. Minister for Revenue, Maharashtra State in Revision Application No. Cons. 3403/1821/C.R. 227/L-1, be stayed.”
will be status quo in respect of the revenue record of Survey No. 43 in respect of disputed parts of Survey No. 43. By order dated 24th June
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2014 the ad-interim relief granted by order dated 13th February 2012 is confirmed.
in the interim application. Interim Application is disposed of as infructuous.
[GAURI GODSE, J.]
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2 issues framed by the court
Whether leave should be granted to withdraw the contempt petition.
Whether the petitioner committed contempt of court by carrying out construction in the disputed area.
Shri Vijay Uttam Balwadkar
Shri Umesh Manohar Korade
S. S. Properties
Gauri Godse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court