1 41 cp 423.08 .doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srk CONTEMPT PETITION NO. 423 OF 2008 Paresh Shevantilal Kapashi ..Petitioner. v/s. Santosh Mahadev Gavand ..Respondent. Mr. Asif Iqbal I Patel for the Petitioner. Mr.C.G.Gavenkar for the Respondent no.1. CORAM : J.H.BHATIA, J. DATE : 2ND SEPTEMBER, 2010. P.C. 1 Heard the learned counsel for parties. 2 The present Petitioner had filed Suit no.88 of 2004 and the Group Gram Panchayat Sasawane, who was the Defendant, had filed Writ Petition No. 2653 of 2006 challenging the tenability of the suit. On 7th August, 2006 an order was passed by this court noting that "Mr.Bhosale waives service for the Respondent- Plaintiff'" and then ad-interim stay to the suit was granted. Admittedly, later on, in the Writ Petition the present Plaintiff had appeared and he had made a statement that he would withdraw the suit and file appropriate proceeding and according to that the Writ Petition was allowed and disposed of. In the Contempt 2 41 cp 423.08 .doc Petition, contention is made that nobody by name P.S.Bhosale was representing the Plaintiff and Group Gram Panchayat might have committed contempt of the court by producing somebody impersonating as representative of the Plaintiff. The Group Gram Panchayat could have no reason to present somebody impersonating as a representative of the present Petitioner. In view of the statement made by the plaintiff in Writ Petition later on that he would withdraw the suit and disposal of the Writ Petition on that basis, in my considered opinion to entertain this Petition would be a futile exercise and wastage of time of the court. 3 Therefore, Contempt Petition stands dismissed. [ J.H.BHATIA, J. ]