:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CONTEMPT PETITION NO.93 OF 200 CONTEMPT PETITION NO.93 OF 200 CONTEMPT PETITION NO.93 OF 2008 Harishchandra Shivram Gurav ...Petitioner. v. Sulochana R. Gurav & Ors. ...Respondents. Mrs. Jyoti Chavan , adv. for the Petitioner. Mr.Suresh Gole , adv. for the Respondent Nos.1,2 and 3. Shri S.P.Thorat, adv. for the Respondent No.5. Dr.Vijayanand B. Mudur, Secretary of Karnataka Co-op. Housing Society present. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 4th March, 2008. DATE: 4th March, 2008. DATE: 4th March, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the petitioner as well as for the respondent nos.1 to 3. The present petitioner is the original defendant no.1 while the respondent/contemnor nos.1 and 2 are the original plaintiffs. The respondent/contemnor nos.3 and 4 are Chairman and Secretary respectively of Karnataka Co-operative Housing Society, which is defendant no.2. On a notice of motion no.3560 of 2006 taken out by the plaintiffs in the suit no.2749 of 2004, the trial Court had directed the society to allot and hand over possession of the permanent alternate accommodation jointly with the plaintiffs and the defendant no.1 pending the hearing and final disposal of the suit. :2: That order was challenged by the defendant no.1 in Appeal From Order No.705 of 2007. By order dated 28-9-2007 in Appeal From Order, this Court had modified the order of the trial Court and restrained the defendant no.1 from obstructing plaintiffs’ joint possession with defendant no.1 of the transit accommodation in the building and/or in the permanent alternate accommodation provided by the defendant nos.2 and 3, till disposal of the suit. The defendant no.1 thereafter filed Review Petition No.20 of 2007 seeking to modify the order of this Court. However, that Review Petition was disposed off with observation that there was absolutely no necessity to make any change in the final order passed by this Court in the appeal. 2. After that the society issued allotment order of permanent accommodation jointly in the name of the plaintiffs and the defendant no.1. According to the petitioner/defendant no.1, this act of the society is in contempt of the order passed by this Court. 3. Admittedly, the defendant no.1 claims to be tenant in the original premises and claims right of allotment of transit as well as permanent accommodation. On the other hand, plaintiffs claimed to be occupants of the original premises and they also claim the right to be allotted transit as well as permanent accommodation. These rival claims are yet to be decided in the suit. :3: Therefore, this Court had modified the order passed by the trial Court directing the society to allot permanent accommodation jointly in the name of the plaintiffs and the defendant no.1. However, this Court had directed the defendant no.1 not to interfere joint possession of the plaintiffs with himself either in transit or any permanent accommodation. Because now the stage of permanent allotment has come, the Society has to pass an order and the society is not in a position to decide whether the allotment should be made in the name of the plaintiffs or in the name of the defendant no.1. Therefore, in view of the fact that joint possession of both the parties is accepted by the order passed by this Court in appeal, society has passed the order of allotment jointly in the names of both the parties. Naturally this allotment order shall be subject to the result of the suit. The order passed by this Court had restrained the defendant no.1 and not the society from passing any allotment order. Taking into consideration these circumstances, I find that there is no material on the basis of which any action can be taken against the society or others for contempt of the Court. 4. In view of the above circumstances and the observations, contempt petition stands dismissed. :4: (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)