Interim Order 1

Order Details: Other
Pdf Text: 07.10.2022
Sr. No. 42
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 4529/12
NM 520/20
NM 706/13
NM 3590/12
Adv. Srivastava for the plaintiff is present.
Adv. Khandagale for defendant No. 1/MCGM is present.
Rest of the defendants are absent.
Order below exhibit No. 01:
Heard the learned advocate for defendant No. 1 as regards the
maintainability of Contempt NM No. 706/2013 alongwith the suit.
Having considered his submissions, it is to be noted that this NM is
filed U/O 39, Rule 2A of the CPC., as defendant No. 2 willfully and
dishonestly disobeyed Order dtd. 15.09.2012 of this Court. Be that
as it may, the fact remains that the issues involved in this NM are
nothing to do with the suit. The matter is more than 10 years old
and trying of this NM, alongwith the suit, would further delay the
trial. On this background, in view of the ratio laid in the matter of
Rampyaribai wd/o. Sukhdeo Daga and others Vrs. Niladevo wd/o.
Narayandas Jakhotiya and Others, 2007(4) Mh.L.J. 213, it is just to
separate this contempt NM and to get registered as an independent
proceeding. In the result, the Contempt NM No. 706/2013 stands
disposed of as not maintainable, alongwith the suit . Defendant No.
1 is placed at liberty to file separate Miscellaneous Judicial Case as
regards the alleged contempt, if he so desires, by withdrawing this
NM, reply and relevant papers from the record on furnishing its
photocopies.
Defendant No. 2 (c) is absent to proceed with NM No. 520/2020.
Hence, NM No. 520/2020 stands dismissed in default.
The plaintiff is called upon to argue on the maintainability of
contempt NM No. 3590/2012 alongwith the suit.
Adjourned for hearing on maintainability of contempt NM/
R/E/to 30.11.2022.
Judge
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