-: 1 :- C.P. 78/11. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 78 OF 2011 Sinhagad Technical Education Society. ..Petitioner. Versus State of Maharashtra & Others. ..Respondents. Mr. V. P. Malavankar i/b Mr. Ashok G. Toraskar for the petitioner. Mr. Nitin Deshpande, AGP for R-1 to 6. Coram : RANJIT MORE, J. Date : March 11, 2011. P. C. : 1. Heard Mr. Malavankar, learned counsel for the petitioner and Mr. Nitin Desphande, AGP for the respondents. The petitioner filed Special Civil Suit No.529 of 2005 for declaration that the suit land together with building constructed thereon was absolutely owned by it. The consequential reliefs of declaration and injunctions have also been sought. The suit was dismissed by the trial Court by its judgment and order dated 12/3/2009 and thereafter the petitioner has preferred an appeal being First Appeal No. 720 of 2009 alongwith Civil Application No. 2056 of 2009 for interim relief. The appeal is admitted. So far as the application for stay is concerned, the Division Bench of this Court on 15/6/2009 passed following order : srp -: 2 :- C.P. 78/11. “Parties to maintain status-quo as of now until further orders which implies that the plaintiffs shall not proceed with the ongoing as well as new construction on the suit land and will not create any third party interests and Defendant no.3 will not act upon the order dated 21.5.2044, until the next date. Mr. Naik agrees to place on record copies of the sale-deeds registered in favour of the plaintiffs as well as their vendors on the next date.” 2. On 22/7/2009 when this civil application was placed before another Division Bench, the Division bench passed following order: “Considering the fact that the issue involved in this matter is narrow one, it is agreed by the learned Advocates appearing for both the parties that the matter can be disposed of finally at this stage. This Appeal is adjourned to 12th August 2009 and may be placed at the end in the admission board and can be disposed of finally at that stage. The learned Advocate appearing for the Appellant submits that he has prepared private paper book. A copy of the same may be given to the learned G.P. The Record and proceedings may be made available to the Court for perusal on the aforesaid date. The Civil Application No. 2056 of 2009 to be kept alongwith the main matter.” 3. It is the contention of the petitioner that the Assistant Conservator of Forest-respondent no.4 herein on 18/1/2011 in defiance of interim order passed by the Division Bench of this Court in aforesaid Civil application/FA, directed the Renge Forest Officer Wadgaon (Maval) to take possession of Gat No.311 situated at village Kusgaon, Taluka Maval, District – Pune. 4. Mr. Nitin Deshpande, learned AGP submitted that possession -: 3 :- C.P. 78/11. of the land which is directed to be taken by respondent No.4 by his order dated 18/1/2011 was not the subject matter of Special Civil Suit No 529 of 2005. He invited my attention to the prayer clause (a) as well as to the description of the suit land given in paragraph no.1 of the plaint. By prayer clause (a), the petitioner has claimed declaration in respect of suit property mentioned in paragraph no.1. In paragraph no.1 of the plaint, the petitioner has mentioned two properties as suit properties, namely, Block No. 309 and Block No. 310 situated at village Kusgaon Budruk. 5. Thus, it is clear from the record that Gat No. 311 situated at village Kusgaon Budruk of which possession is directed to be taken under order dated 18/1/2011 is not the subject matter of the suit filed by the petitioner. In these circumstances, the petitioner cannot make any grievance of the breach of the order passed by the Division bench of this Court in Civil Application No. 2056 of 2009 on 15/6/2009. 6. Taking into consideration overall facts and circumstances into consideration, the Contempt Petition is not maintainable and, therefore, same is dismissed. (RANJIT MORE, J.)