IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CONTEMPT PETITION NO.78 OF 2007 IN TESTAMENTARY SUIT NO.48 OF 1990 IN TESTAMENTARY PETITION NO.424 OF 1990 Prithviraj Ambalal Patel ..... Petitioner V/s. Mina Patel .... Respondent Mr.Rajesh C. Shah, for the petitioner. Mr.Farhan Dubhash i/by Pravin Mehta & Mithi & Co., for the respondent. CORAM: R.Y.GANOO, J. DATED: 23rd JANUARY, 2009. P.C. 1. The Commissioner was deputed to supervise the job of opening of the lock affixed to the room marked “E” on the plan Exhibit “C” mentioned to the respondent's affidavit dated 16-08-1990 filed in support of the notice of motion No.2176 of 1992. The said Commissioner has filed his report and he has stated in his report that the respondent in his presence opened two locks installed to the room Exh.”E” and on account of the said opening, the room which was exclusively in possession of the respondent, was made available for user by the petitioner as contemplated in the consent terms. The respondent has in addition to opening to the locks, filed an affidavit by which she has mentioned that hereafter she shall keep the room open when she or her daughters are not in India. 2. I have heard the counsel on both the sides. In my view, in the wake of developments in as much as the report from the Commissioner and the affidavit filed by the respondent, the Contempt Petition can be disposed of by passing the order in the following terms. : O R D E R : 1. The Contempt Petition stands disposed of on account of opening of the lock to the room Exhibit “E”. 2. There shall be no order as to costs. ( R.Y.GANOO, J. )