1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION CONTEMPT PETITION NO.136 OF 2011 IN CIVIL APPLICATION NO.1807 OF 2006 IN SECOND APPEAL NO.190 OF 2007 Shri Bhagwanrao L. Gaikwad ...Petitioner. v. Shri Dhindiram M. Harale ...Respondent. Ms Usha Rahi i/by M/s. Mayur Narendra & Co. ,adv. For the Petitioner. CORAM : J.H. BHATIA, J. DATED : JULY 19, 2011. P.C. 1 Heard the learned counsel for the petitioner. In the Second Appeal No.190 of 2007 filed by the present petitioner, who was original defendant in the suit, this Court had passed an order on 16.6.2008 directing the respondent no.1/plaintiff in that litigation not to create any third party interest pending the decision of the Second Appeal. The present contempt petition is filed on the basis of certain admissions of the respondent no.1 in Regular Civil Suit No.1072 of 2002 filed by the present petitioner to the effect that one Ajit Kurnure is in occupation of the disputed premises as a tenant. There is no material to show that said Ajit was inducted after the order of this Court. Admissions in the cross- examination indicate that on 26.12.2007, respondent was put in 2 possession by the police through said Ajit. From this it appears that Ajit might be in possession of the premises even before the order was passed by this Court. Therefore, there appears no material to show that the respondent has committed contempt of the Court by violating the order of this Court after passing of that order. 2 Therefore contempt petition stands dismissed. (J.H. BHATIA,J.)