1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 283 OF 2008 Baban Gulabrao Bandal & anr.......Petitioners. versus Smt. Gajarabai Krishna Bandal & ors........ Respondents. Mr. Balasaheb Deshmukh for the Petitioner CORAM; A.P. DESHPANDE, J. DATED; 22ND AUGUST, 2008. P.C.: 1. By this Contempt Petition, the original defendant is complaining of violation of an order passed by the District Judge by the respondent. According to the petitioner suit has been partly decreed against him and in favour of the respondent. Aggrieved thereby the Contempt Petitioner has filed regular First Appeal before the District Judge. Apprehending construction of a toilet and padvi, the petitioner claimes to have filed an application for injunction before the First Appellate Court and the First Appellate Court had passed an ad-interim exparte order directing the parties to maintain statusquo. The order is passed on 29-4-2006. According to the learned counsel, the said 2 order continues to operate till today. The grievance is that despite the statusquo order, the respondent have constructed the padvi which extends over the road. Whether there has been deliberate and/or willful violation of the order of statusquo, would involve the fact finding in the facts of the present case. I do not deem it appropriate to take cognizance of the alleged contempt more so in view of the fact that the Contempt Petitioner can approach the First Appellate Court who is ceased of the first appeal and whose order is allegedly breached by the respondents. The petitioner can also in his appeal make a substantive prayer seeking demolition of the construction already made in breach of the order. In my view no useful purpose would be served by entertaining the present Contempt Petition. The Contempt Petition is disposed of. However, the petitioner is granted liberty to take out appropriate proceedings before the First Appellate Court, which is ceased of the First Appeal. (A.P. DESHPANDE, J.)