: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.236 OF 2008 Shri Nonshi Korshi Shah ..Petitioner. Vs. Lalji Lakhamshi Gala alias Shah ..Respondent. Mr.J.S.Kini i/b.Mr.Suresh Dubey for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 11TH DECEMBER, 2008 DATED : 11TH DECEMBER, 2008 DATED : 11TH DECEMBER, 2008 P.C. : P.C. : P.C. : The contempt is alleged of an order dated 16.4.2008 by which the Respondent/Defendant is restrained from disturbing the Plaintiff/Petitioner’s possession in respect of the suit premises without due process of law during the pendency of the suit. 2. It is true that the mere fact that the Respondent had filed an Appeal from Order against the said order which is pending in this Court, would not entitle the Respondent to disobey the said order dated 16.4.2008. Although the Respondent has not filed an affidavit in reply despite being served, albeit by a Advocate’s notice, I am not inclined to : 2 : consider this petition. 3. Further, in view of the fact that there is no evidence apart from the bare statement of the Petitioner to indicate that the Respondent is disturbing the Petitioner’s possession despite the said order dated 16.4.2008. 4. In the circumstances, the Contempt Petition is disposed of with liberty to the Petitioner to file a fresh Contempt Petition in the event of the Petitioner being able to adduce any evidence establishing the contempt. ***