Full Order Text
Final Order 1 · 01 Jul 2023 · CNR MHCC010046042019
Order Details: Other Pdf Text: 01.07.2023 Sr. No. 33 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 1045/19 NM 3183/19 NM 1683/19 NM 258/19 None present for the plaintiff. Adv. Mr. G.O. Giri for defendant No.1/MCGM is present and orally requested for time to NM reply/WS. Time is granted. None present for Defendant No.2. Order below Exhibit 1: 01. Even today, the plaintiff is absent for hearing on Contempt NM No. 1683/2019. On perusal of this NM, it seems that it is filed as per Order XXXIX Rule 2-A of the C.P.C. for punishing defendant No.2 with civil imprisonment for term of 06 months, as he willfully committed breach of the Court Order of dtd. 10.04.2019. It is, thus, clear that in view of suit reliefs, this Contempt NM can not be ‘tried together’ in view of the ratio laid in Rampyaribai Sukhdeo Daga V. Niladevo Narayandas Jakhotiya, 2007 (4) Mh.L.J.213. In the result, without recording any finding on the merits, the Contempt NM No. 1683/2019 is disposed of as 'not triable', along-with the suit. The plaintiff is placed at liberty to file separate Miscellaneous Judicial Case about the alleged Contempt, if she so desires. Adjourned for NM reply/WS to 08.09.2023. Judge -- 1 of 1 --