Alleged construction in violation of an earlier High Court interim order; court noted apparent breach, recorded counsel's offer of an undertaking against further construction and to vacate/demolish if the Second Appeal fails, and listed both matters for directions.
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921-CP-132-2024.docx
Neeta Sawant
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. 132 OF 2024
WITH
SECOND APPEAL NO. 76 OF 2024
Kiran Shankarrao Hatti } .. Petitioner
: Versus :
The Collector Through the State of Maharashtra } .. Respondent
Mr. Niranjan Bhavake a/w. Ms. Drishti Madhani i/by. Bhavake & Associates, for the Petitioner.
Mr. Rohit Sakhdeo with Mr. Nitesh Rangari for Respondent No.2.
Mr. Bhooshan Mandlik for Respondent No.4.
Mr. Chetan Patil for Respondent No.9.
Mr. Ashok S. Gawai a/w. Ms. Tanya Goswami, APP for State.
CORAM : SANDEEP V. MARNE, J. Dated : 10 May 2024.
P.C. :
1) I have heard Mr. Bhavake, the learned counsel appearing for t he Petitioner and Mr. Mandlik, learned counsel appearing for Respondent No.4.
_____Page No. 1 of 3 ____ 10 May 2024
Neeta Sawant
921-CP-132-2024.docx
showing stages of construction, it is more than apparent that Respondent No.4 has carried out construction in brazen violation of the order passed by this Court on 5 February 2024. Mr. Mandlik would attempt to justify the action on the part of Respondent No.4 by submitting that after dismissal of the Appeal by the First Appellate Court on 30 October 2023, there was no injunction and therefore Respondent No.4 obtained development permission in January 2024 and started the construction. He would submit that Respondent No.4 was not aware about the order passed by this Court till 20 February 2024 by which time construction of most portion of the house was complete.
_____Page No. 2 of 3 ____ 10 May 2024
921-CP-132-2024.docx
Neeta Sawant
5) List the Contempt Petition alongwith the Second Appeal on 18 June 2024 under the caption ‘ for directions’ when Appeal would be taken up for fixing a date for its final hearing.
SANDEEP V. MARNE, J.
Digitally signed by NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: 2024.05.10 18:01:20 +0530
_____Page No. 3 of 3 ____ 10 May 2024
1 issue framed by the court
Whether Respondent No.4's construction violated this Court's order of 5 February 2024.
Kiran Shankarrao Hatti
The Collector Through the State of Maharashtra
SANDEEP V. MARNE
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
