IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CONTEMPT PETITION NO. 200/2010 IN APPEAL AGAINST ORDER NO. 2/2010 (Rajednra Shankarrao Samarth vs. Ganesh Murlidhar Humne and another) ................................................................................................................................................... ...... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................... ...... Shri N.G.Jetha, adv. for petitioner ... CORAM : R. K.DESHPANDE, J. DATED : 18th OCTOBER, 2010. This petition complains willful disobedience/breach of the judgment and order dated 6th September, 2010. The operative part of the order is reproduced below. “In the result, the appeal is allowed. The order dated 13-11-2009 passed below Exhibit 34 in Special Civil Suit No. 550 of 2008 by the learned Joint Civil Judge, Senior Division, Nagpur, is hereby quashed and set aside. The application Exhibit 34 filed by the appellant-plaintiff is allowed. The order of injunction in terms of the prayer made in the said application is granted. Which shall continue pending the decision of the suit. No order as to costs. The complaint is that, there is breach of the order of injunction passed by this Court, which is reproduced above. The respondents are going ahead with the construction activities in violation of the order passed. Hence, this contempt has been filed. The petitioner has an remedy by way of filing an application under Order 39, Rule 2A of the C.P.C. In view of this, contempt petition is dismissed. However, dismissal of the contempt petition shall not come in the way of the petitioner in prosecuting the remedy under Order 39, Rule 2A of C.P.C. JUDGE Rvjalit