Final Order 1

Order Details: Other
Pdf Text: 25.01.2023
Sr. No. 49
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 2940/18
NM 568/20
NM 1231/19
Adv. Shailesh Pal h/f Adv. Singh for the plaintiff is present.
Adv. Mr. P.Rajan a/w Adv. Khandagale for defendants/MCGM is
present.
The following Order is passed on contempt NM No. 1231/2019:
Heard the learned advocate for plaintiff. Having considered his
submissions, it is to be noted that NM No. 1231/2019 is filed under
Order XXXIX Rule 2-A of the C.P.C., 1908, to initiate contempt
action against the concerned Officers of defendant No. 2 for
committing willful breach of this Courts Order dtd. 05.11.2018 and
04.12.2018 and to send them behind the bars and for the other
ancillary reliefs. As such, trying of this NM, along-with the suit,
would certainly delay the trial, specially when the set of evidence,
which might be led in this contempt would be for different set of
reliefs nothing to do with the suit. Consequently, in view of the
ratio laid in the matter of Rampyaribai wd/o. Sukhdeo Daga and
others V. Niladevo wd/o. Narayandas Jakhotiya and Others,
2007(4) Mh.L.J. 213, it would be just to separate this contempt NM
and to get registered as an independent proceeding. Therefore,
without recording any finding on merits, the Contempt NM No.
1231/2019 stands disposed of as not triable, along-with the suit.
However, the plaintiff is placed at absolute liberty to file separate
Miscellaneous Judicial Case as regards the alleged Contempt, if he
so desires, by withdrawing this NM and relevant papers from the
record, on furnishing its true copies. The Sheristedar to do the
needful.
The following Order is passed on contempt NM No. 568/2020:
Heard the learned advocate for defendants. Having considered
his submissions, it is to be noted that NM No. 568/2020 is filed
under Order XXXIX Rule 2-A of the C.P.C., 1908, to initiate
contempt action against the plaintiff for committing willful breach
of the ad-interim Order passed by this Courts Order and to send
him behind the bars and for the other ancillary reliefs. As such,
trying of this NM, along-with the suit, would certainly delay the
trial, specially when the set of evidence, which might be led in this
contempt would be for different set of reliefs nothing to do with the
suit. Consequently, in view of the ratio laid in the matter of
Rampyaribai wd/o. Sukhdeo Daga and others V. Niladevo wd/o.
Narayandas Jakhotiya and Others, 2007(4) Mh.L.J. 213, it would
be just to separate this contempt NM and to get registered as an
independent proceeding. Therefore, without recording any finding
on merits, the Contempt NM No. 568/2020 stands disposed of as
not triable, along-with the suit. However, the defendants are placed
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at absolute liberty to file separate Miscellaneous Judicial Case as
regards the alleged Contempt, if they so desire, by withdrawing this
NM and relevant papers from the record, on furnishing its true
copies. The Sheristedar to do the needful.
Adjourned for compliance/dismissal Order to 01.03.2023.
Judge
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