vsa 1 CP254_2011 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 254 OF 2011 IN WRIT PETITION NO. 2158 OF 2007 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Ms. L.A. Munim & Ms. Pooja Patankar, i/b. Mr. Harshal K. Bhalerao for the Petitioner CORAM : A.S.OKA, J. DATE : 17th December, 2011 P.C.: Heard the learned Counsel appearing for the Petitioner. The Petitioner is alleging breach of the order of interim relief passed by this Court in pending Writ Petition. On 1st August, 2007 Rule was issued in the Writ Petition and ad- interim order dated 30th March, 2007 passed in terms of prayer clauses (f) and (g) of the Petition was continued. 2. The learned Counsel appearing for the Petitioner has tendered draft amendment. Permission is granted to amend in terms of the draft. Amendment to be carried out in three weeks. The Petition is heard on the basis of the said amendment. vsa 2 CP254_2011 3. The Petitioner is alleging breach on interim relief granted in terms of prayer clauses (f) and (g). Prayer Clauses (f) and (g) read as under: “(f) That pending the hearing and final disposal of this Petition, this Hon'ble Court by an order an injunction be pleased to restrain the Respondents from further transferring conveying the property bearing survey no. 113 of Village Kothrud, Taluka Haweli, Dist. Pune and taking any further step in Execution Proceedings no. 30 of 1990 filed in the Court of Civil Judge, Senior Division, Pune; (g) That Pending the hearing and final disposal of the present Writ Petition, the further proceedings in special Darkhast No. 30 of 1990 pending before the learned 8th Joint Civil Judge, Senior Division, Pune, be stayed.” 4. The breach alleged is on the ground that the respondents claiming to be decree holders, made an application in the pending execution application for depositing decretal amount. Perusal of the application shows that the only prayer therein is for obtaining permission of the Executing Court to deposit the amount payable as per the decree which is put to execution. In my view, by making such application, it cannot vsa 3 CP254_2011 be said that the respondents have taken any further steps in the execution. There is no further direction sought in the application except for deposit of the amount. Therefore, by no stretch of imagination, the act of filing an application to deposit decretal amount will amount to the breach of interim relief granted in terms of prayer clauses (f) and (g). The Executing Court has not acted upon the said application. This is not a case where an action under the Contempt of Courts Act, 1971 can be initiated. The Petition is disposed of. (A.S.OKA, J)