:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CONTEMPT CONTEMPT CONTEMPT PETITION NO. PETITION NO. PETITION NO. 15 OF 2008 15 OF 2008 15 OF 2008 IN IN IN SUIT SUIT SUIT NO. 1119 OF 2003 NO. 1119 OF 2003 NO. 1119 OF 2003 Sahida Alias Leela Gulam Ali Shaikh. ... Petitioner. V/s. Sherali Gulamali Shaikh & Ors. ... Respondents. Mr. S.A. Sawant for the Petitioner. Ms. Mamta Sadh a/w. Mr. J. Ranawat i/b. Banatwala & Co. for the Respondent. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 12TH 12TH 12TH NOVEMBER 2008. NOVEMBER 2008. NOVEMBER 2008. P.C. P.C. P.C. : : : . Contempt Petition is filed by the Petitioner-Widow who had instituted the Suit in which consent terms were arrived at on 21st April 2005. Reliance is placed by her on Clauses 11,12 and 25 of the consent terms so also the undertaking incorporated therein. 2. Mr. Sawant urged that the contempt is committed by Respondent Nos.2 and 3 by transferring tenancy without the consent of the Petitioner-Widow and further there is a collection box which has been changed without her consent. 3. Ms. Sadh in reply has invited my attention to the affidavits filed and has contended that the son of the :2: Petitioner viz. Respondent No.12 - Aslam is also a part of the consent terms. It is the consent of the Petitioner-Widow or Aslam. Aslam has given consent to creation of tenancies or transfers which are referred to in para 6 of the Petition. She states that Aslam is aware of creation of tenancies, he has taken money in the transactions in that behalf and therefore, it is not as if the Petitioner is unaware of the creation of tenancies or transfers. As far as the collection box is concerned, she has invited my attention to para 25 of the affidavit filed on 12th September 2008. 4. After this matter was argued for some time and when the attention of both sides was invited to the fact that the Petitioner is a widow and must enjoy some fruits of the decree for partition passed by consent of parties to the suit. Therefore, at least in her life time she should be financially independent so that she does not have to depend upon her son or anybodyelse. If the grievance is that the son is not accounting for the monies collected, then she should not be forced to commence another round of litigation was the sole anxiety. 5. The matter was argued and now it is agreed by the Petitioner, the said Aslam/Respondent No.12 and Respondent Nos. 2 and 3 that whenever there are transfers of tenancies in future apart from the consent of Respondent No.12 even the Petitioner’s consent would be obtained and :3: the Petitioner states that she would consent, provided, she is paid a sum of Rs.10,000/- per month regularly. 6. Both sides agree that this sum should be paid per month. This order is passed on the basis that the income generated from the immovable property is in the form of rent and the premium on transfer of tenancy. The property is Tenant-occupied and tenants are paying rent which amount is collected till date by all parties. Hereafter, they have arrived at an arrangement that the amount collected by way of Rent and premium on transfer will be deposited in a Savings Bank Account with the Nationalised Bank. This will be a Joint Account. Further, a sum of Rs.10,000/- would be paid to the Petitioner-Widow upon her opening an Independent Bank Account in her name with a Nationalised Bank. After her opening an account and providing details, she should be entitled to receive Rs.10,000/- per month and such sum shall be remitted and deposited in her account on 15th of each month. The first such deposit shall commence from 15th December 2008. The income which is generated from the property, it is agreed, shall be utilized for maintenance of Dargah and all parties agree to incurring necessary expenditure for the same. Maintenance shall be done by all parties. The expenditure for the same and the repairs and renovation to be provided after the amount is quantified in a Report of an Architect, who shall be appointed by the parties. :4: 7. The Contempt Petition is disposed of in the light of this agreement and even otherwise, no case is made out for proceeding in Contempt Jurisdiction. 7. Show Cause Notice is discharged in the light of the disposal of the Contempt Petition. No costs. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)