1 CP NO.238/2005 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO.238/2005 in WP NO.385/2005. (Govind Dagdu Khadke, since died, his L.Rs., Vs.Gopal Shamrao Wani) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : K.U.CHANDIWAL ,J. DATE : 21 st DECEMBER, 2010. ... 1) Counsel called absent. 2) In Writ Petition No.385/2005 an undertaking was given by the respondent on 15.2.2005 to vacate the suit premises within a period of six months. Consequent upon the said undertaking, execution was stayed for a period of six months, which expired on 15th August, 2005. However, it is alleged, the respondent did not vacate the suit premises. 3) In the affidavit in reply, the contemnor did not dispute of the undertaking, however, clarifies that in clauses 6 and 7, he has mentioned to vacate the suit premises within six months from 5.2.2005 and the undertaking is filed without prejudice to his right to adopt appropriate proceedings in the court of law against the eviction decree. 2 CP NO.238/2005 4) The respondent has informed he has filed LPA st. No.8521/2005 along with CA for condonation of delay being CA No. 7670/2005. There were ad interim reliefs in favour of the respondent/alleged contemnor in the said proceedings, which continued up to 25th November, 2005. it is informed by the affiant in the affidavit dated 10.1.2006 that the LPA was still pending and consequently, the contempt petition is not maintainable. 5) The another facet of the matter is, the landlord petitioner has already initiated the execution proceedings against the alleged contemnor/tenant. 6) In the above back drop of the matter, Contempt Petition lacks merit, dismissed. No costs. (K.U.CHANDIWAL) JUDGE bdv/