( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CONTEMPT PETITION NO. 202 OF 2008 IN CIVIL APPLICATION NO. 4475 OF 1996 AND CIVIL APPLICATION NO. 250 OF 2008 IN SECOND APPEAL NO. 387 OF 1996 Ambadas Yeshwant Kale – deceased .. Petitioner through L.Rs. And ors. Versus Dadarao Krishna Jagtap and ors. .. Respondents Shri K.S. Bhore, Advocate for the petitioners. Shri A.R. Kale h/f. Shri S.V. Natu, Advocate for respondent Nos. 1 to 5. Shri D.V. Tele, A.G.P. for respondent No.6. CORAM : P.R. BORKAR,J. DATED : 05.10.2009 P.C. :- 1. Heard Adv. Shri K.S. Bhore for the petitioners, Adv. Shri A.R. Kale h/f. Adv. Shri S.V. Natu for respondent Nos. 1 to 5 and A.G.P. Shri Tele for respondent No.6. By this petition it is alleged that order passed by this Court in Civil Application No. 4475 of 1996 in Second appeal No. 387 of 1996 passed on 25.10.2007 was breached by the respondents. The order passed is as follows:- ( 2 ) “4. Considering the peculiar circumstances of the present case and the fact that the appellant No. 1-A is a widow, I deem it proper to direct that the respondents shall not use the Northern boundary (Bandh) of S.Nos. 119 and 120 as cart way until further orders and shall use the same only as pace way or for the purpose of taking cattles to their land or for carrying the agricultural implements required for actual agricultural operations but shall not use the same for transportation of vehicles like tractor. Civil Application disposed of.” 2. The respondents have filed their affidavit and they have denied the allegations. They have made counter allegations against contempt petitioner for violating the order. There are disputed questions of fact. In the circumstances, in view of law laid down in the case of Rampyaribai wd/o. Sukhdeo Daga and ors. V/s. Niladevi wd/o. Narayandas Jakhotiya and ors., 2007(4)Mh.L.J.213, the petitioners are granted liberty to file appropriate application under Order 39 Rule 2A of the C.P.C. 3. The Contempt Petition stands disposed of. [P.R. BORKAR,J.] snk/2009/SEP09/cp202.08