SM 1 30.cp.379.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 379 OF 2010 Shri. Debashish Debnarayan Ghosh ....Petitioner. Versus The Commissioner, The Municipal Corporation of the City Thane A Corporation ....Respondent. ____________ Mr. Sachin Dhakephalkar for the Petitioner. Mr. Mandar Limaye for the Respondent. CORAM: R. M. BORDE, J. DATED : NOVEMBER 24, 2011. P.C.: The original plaintiff/contempt petitioner is alleging violation of a decree of injunction passed by the Joint Civil Judge, Senior Division, Thane on 28th February, 2003 in RCS No. 535 of 1993. 2. The decree is passed by the Trial Court restraining the defendant, permanently, from demolishing the suit property admeasuring 29' x 50' standing on the Survey No. 23/10 situate at village Yeoor in implementation of notice under Section 367 dated 8th June, 1993 except observing due process of law. It is alleged that the defendant has, without following due process of law demolished the suit structure. There is a remedy available under Order XXI Rule 32 of the Code of Civil Procedure for execution of a decree for specific performance. Rule 32 (2) provides that in case of grant of a decree of injunction, the same may be executed by attachment of the property of the Corporation, or by detention of the officer of corporation in the civil prison or by attachment and detention both. It would be open for the SM 2 30.cp.379.10 applicant to avail of the remedy provided under Order XXI Rule 32 of the Code of Civil Procedure. 3. Thus, the Contempt Petition is not entertainable. Contempt Petition stands dismissed with liberty to the applicant to avail of remedy under Order XXI Rule 32 of the Code of Civil Procedure. (R. M. BORDE, J.)