IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 196 of 2006 Deonar Construction Company .. Petitioner versus Rama Tapu Punakharvi & ors. .. Respondents ... Mr.P.M. Havnur for the petitioner. CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J DATED : 20th December 2006 DATED : 20th December 2006 DATED : 20th December 2006 P.C.: P.C.: P.C.: 1. Heard counsel for the petitioner. 2. This Contempt Petition has been filed alleging that despite a decree for injunction passed by the City Civil Court Mumbai on 12th March 2001, in Short Causes Suit no.9307 of 1990, respondents are continuing to create obstruction by entering upon the suit property and thereby committing breach of the injunction order passed by the trial court. 3. On similar allegations, petitioner had previously filed Criminal Writ Petition no.2555 of 2004 which came up for hearing before a Division Bench of this Court. At the time of hearing on admission, petitioner stated that he desired to approach the concerned court by execution proceedings and withdrew the criminal writ petition. The petitioner has thereafter filed this contempt petition. In my view, petitioner has an adequate remedy for execution of the decree under Order 21 Rule 32 of the Code of Civil Procedure. Instead of pursuing that remedy where the Court would, on evidence, decide whether the respondents are committing breach of the order of injunction, the petitioner was sought to invoke contempt jurisdiction of this Court. In my view, since the petitioner has an adequate remedy provided under the code of civil procedure for execution of the decree, it would not be proper to exercise the contempt jurisdiction at this stage. It is especially so because the respondents had filed the criminal writ petition before the court which was withdrawn for the purpose of following the usual remedy of execution of the decree. 4. For these reasons, contempt petition is dismissed summarily. (D.G. KARNIK, J) (D.G. KARNIK, J) (D.G. KARNIK, J)