cp479.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CONTEMPT PETITION NO.479 OF 2010 IN WRIT PETITION NO.4423 OF 2006 Ananda s/o Gangadhar Kalewar, Age-25 years, Occu:Agri., R/o-Hangarga, now resides at Salegaon, Taluka-Naigaon(Kh.), District-Nanded. ...PETITIONER. VERSUS Ganpati s/o Datta Kalewar, Age-82 years, Occu:Agri., R/o-Village-Hangarga, Taluka-Naigaon (Kh), District-Nanded. ...RESPONDENT. ... Miss. Shendge Advocate h/f. Shri. P.R. Katneshwarkar Advocate for Petitioner. Shri. Y.V. Kakade Advocate for Respondent. ... CORAM: S.S. SHINDE, J. DATE : 24TH JUNE, 2011 cp479.10 2 PER COURT : 1. Heard learned counsel appearing for the Petitioner and learned counsel for the Respondent. 2. This Contempt Petition alleges disobedience of the order passed by this Court on 9th July, 2007. It is the case of the Petitioner that inspite of specific injunction and direction to the Respondent not to create third party rights in the suit property, the Respondent created the third party right, thereby executing gift deed. 3. After issuance of notice by this Court, the Respondent appeared through Advocate and filed affidavit in reply. In Para-1 of the said affidavit in reply, unconditional apology is tendered by the Respondent for the disobedience of the order passed by this Court. In Para-7 of the affidavit in reply, the Respondent has stated that the gift deed, which was executed, has been now cp479.10 3 cancelled. Para-7 of the affidavit in reply reads thus: "7. I say and submit that, as the respondent has executed the Gift Deed it is mentioned that, the possession of the property is given to the person in whose favour the property was gifted. But as the possession of the said property was not received in favour of the persons in whose favour the gift deed was executed. Therefore, the object of the said gift deed was not completed and therefore said gift deed was cancelled by the registered cancellation deed executed on 18/06/2011. Hereto annexed and marked as EXHIBIT "R-1" is the copy of Cancellation Deed executed on 18/06/2011. I say and submit that, as the said cancellation deed was cp479.10 4 executed between the parties, therefore, the document which was executed earlier has no effect." 4. Looking to the act of the Respondent, in normal course, this Court should have passed orders either punishing the Respondent for contempt or imposing fine on him. However, in the affidavit in reply, in Para-6 it is stated that that Respondent is of 83 years old and he is suffering from various diseases, therefore, having lenient view in the matter and accepting the apology tendered by the Respondent in Para-1 of the affidavit in reply, this Contempt Petition stands disposed of. Notice stands discharged. [S.S. SHINDE, J.] asb/JUNE11/cp479.10