1 conpet343-05 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.343 OF 2005 Shankar Kumarappa Medar & Ors. ..Petitioners. V/s. Ulukunappa Ullappa Naik & Ors. ..Respondents. Mr. V.K. Gupta for petitioners. Mrs. Sunanda R. Kumbhat for respondent No.3. CORAM : SMT. R.S. DALVI, J. DATED : 25TH AUGUST, 2011 P.C. :- 1. The petition has alleged contempt of undertaking given by the respondents to the Supreme Court in S.L.P. taken out against the decree of the lower Court which came to be confirmed by this Court. The petitioner has ultimately executed the decree after taking out obstructionist notice. The petitioner has obtained the possession of the premises sought. The petitioner has thereafter sued for contempt. A contempt is for breach of an undertaking given to the Supreme Court. Under Article 215 of the Constitution of India, this Court can punish for its own contempt. Similarly, under Article 129 of the Constitution of India, 2 conpet343-05 the Supreme Court can punish for its own contempt. Under Section 10 of the Contempt of Courts Act, this Court has power to punish for any contempt of the Sub-ordinate courts. A breach of an undertaking given to the Supreme Court is outside its purview. Hence the contempt alleged cannot be punished by this Court. The Contempt Petition is dismissed. (SMT. R.S. DALVI, J)