1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.76 OF 2008 Prabhulal Lalji Thakkar .... Petitioner V/s. Jayesh Lalji Nandu and Ors. ..... Respondents Ms.Manjusha Surve i/by P.J.Thorat, for the petitioner. Ms.Sujata Dhanawade i/by Vinay Hegde, for the respondents. CORAM :P.B.MAJMUDAR, J. DATE : SEPTEMBER 22, 2009 P.C. 1. The petitioner has filed this petition on the ground that the Civil Court has passed a decree in favour of the plaintiff on 26-04-2007 in L.C.Suit No.2761 of 2005, by which the respondents are restrained from carrying on business in the building materials or any other business without Municipal Trade Licence under Section 394 of Mumbai Municipal Act. It is submitted by the learned counsel for the petitioner that appeal against the said decree is filed by the respondents, which is admitted and no stay is granted in the said appeal. She further submitted that in spite of the injunction, the respondents are carrying on the business and therefore, the respondents have committed breach of the decree of the trial court. 2. On the other hand, the learned counsel for the respondents 2 submitted that the respondents are not carrying on any business in the suit premises and even Court Commissioner can be appointed to ascertain the same. 3. This contempt petition has been filed alleging the breach of the permanent injunction granted by the Trial Court. The petitioner can file appropriate execution proceedings before the Executing court and the Executing Court after considering the evidence and facts and circumstances of the case, may pass appropriate order in accordance with law in the execution proceedings itself. The petitioner can always take recourse of Order XXI of Code of Civil Procedure by filing execution proceedings in this behalf. The executing Court has also power to pass appropriate order in this behalf. 4. Contempt petition is accordingly disposed of subject to liberty to the petitioner to approach the Executing Court for executing the decree passed by the Trial Court. ( P.B.MAJMUDAR, J.)