-: 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. 61 OF 2009 CONTEMPT PETITION NO. 61 OF 2009 CONTEMPT PETITION NO. 61 OF 2009 IN NOTICE OF MOTION NO. 52 OF 2008 IN B.C.C.L.C. SUIT NO. 100 OF 2007 Smt. Pushpalata Raghunath Shimpi .. Petitioner. (Org.Plaintiff) V/s. 1. M/s. Zaveri Constructions & Ors. .. Respondents. (Contemnors) --- Mr. Om Prakash Pandey i/by M/s. Pandey & Co. for the Petitioner. Mr. R.G.Bhat with Lata Wadhwani for the Respondents. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 13th APRIL, 2009 DATED : 13th APRIL, 2009 DATED : 13th APRIL, 2009 P.C. : P.C. : P.C. : 1. The learned counsel appearing for the respondents on the basis of the instructions from respondent no.3, who is present in the court, makes a solemn statement that the possession of Flat No. 101, on the first floor of Suhas co-operative Housing Society Ltd., a newly constructed building, will be given to the petitioner within the period of two months from today, provided the petitioner shall withdraw the proceedings namely, (i) L.C. Suit No. 100 of 2007, (ii) Criminal case No. 159/SS/2009 and (iii) Complaints filed before the various authorities. -: 2 :- 2. Mr. Pandey, the learned counsel for the petitioner submitted that if the possession of the said flat is given to the petitioner then his grievance stands redressed and that the petitioner will withdraw aforesaid proceedings and complaints made to the various authorities. 3. There is no dispute between the parties that the petitioner has not acquired any alternate accommodation on leave and licence basis after passing of the order dated 26th of September, 2008 in Notice of Motion No. 546 of 2008 and therefore, there is no necessity to comply with the said order passed by the learned Adhoc District Judge-2 and Additional Sessions Judge on 26.9.2008. 4. In view of the statements made by the learned counsel appearing for the respective parties, I dispose of this contempt petition by passing the following order : ORDER ORDER ORDER i. The statement of the respondents that the possession of the Flat No. 101 on the first floor of the Suhas co-operative Hsg.Society Ltd., shall be handed over to the petitioner within the period of two -: 3 :- months from today is accepted. ii. The statement of the learned counsel appearing for the petitioner that he will withdraw the proceedings, viz. (i) L.C.Suit No. 100 of 2007, (ii) Cri. Case No. 159/ss/2009 and (iii) the complaints filed before the various authorities, before handing over the possession, is also accepted. 4. The contempt petition stands disposed of on the above terms. (R.V.MORE,J.)