1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 83 OF 2009 IN SUIT NO.1172 OF 1988 Jaysingh Ishwara Kamble & Ors. ...Petitioners (Org.Plaintiffs) Vs. Union of India & Ors. ...Respondents (Org.Defendants) ----- Ms.Fenila N.Nair for Petitioners Mr.S.R. Rajguru for Union of India. ----- CORAM: V.M. KANADE J. DATED: 15TH FEBRUARY, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Petitioners. 2. The Petitioners have filed this Contempt Petition alleging that the Respondents have committed contempt of this Court by voilating the order dated 7th May, 2008. 3. It is submitted that the Respondents had written a letter to them dated 9th March, 2007 and asked them to withdraw the suit and upon withdrawal of the suit, the land admeasuring 8831.40 sq.mtrs. would be 2 transferred in favour of the Petitioners' society. It is submitted that though the said suit was withdrawn, the Respondents have not transferred the land in favour of the Petitioners' society. 4. In my view, it cannot be said that the Respondents have committed contempt of this Court. On 7th May, 2008, the following order was passed by this Court:- "Learned Counsel for the Plaintiffs seeks permission to withdraw the suit in view of letter dated 9th March, 2007. Letter is taken on record. Suit is allowed to be withdrawn." 5. In my view, since no direction has been given by this Hon'ble Court and only permission was granted to the Petitioner to withdraw the suit, it cannot be said that the Respondents have violated or committed breach of the order dated 7th May, 2008. There is no merit in the submssions made by the Learned Counsel for the Petitioner. Petition is, accordingly, disposed of. Needless to state that the Petitioner is at liberty to take out an appropriate proceeding. (V.M. KANADE J.)