1 cp293.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Contempt Petition No. 293 of 2011 Rita alias Ritu Kamaljeet Rajpal ....Petitioner v/s. Chitra Pradeep Chhabra & anr. ....Respondents Mr. Gaurav Joshi a/w. Shweta Jaydev with Naishant Sasidharan with R.P. Caruncha i/b. M/s. Federal & Rashmikant for the petitioner. Mr. Jayesh Bhatt for the respondents. CORAM: R.M. BORDE, J. 04th October, 2011 PC: The learned Judge of the City Civil Court by order dated 23rd June, 2011 directed appointment of the Court Commissioner to conduct inspection of the suit premises. The directions were issued to the Court Commissioner to visit the suit premises, to take photographs with the help of photographer and prepare the report regarding the existing situation of the premises and submit the report on or about 7th July, 2011. 2. It is the grievance of the petitioner that that defendants refused access to the Court Commissioner in the suit flat and as such the Commissioner could not conduct the inspection of the premises. Thus, it is contended that there is a willful breach of the order passed by the City Civil Court. 3. It has been pointed out that the order passed by the Court on 23rd June, 2011 has been set aside in the revision application some two days back. Thus, the order passed by the City Civil Court on 23rd June, 2011 does not remain in 2 cp293.11.sxw existence. The Counsel appearing for the petitioner states that still there is willful disobedience of the order committed by the defendant and action of the defendant needs to be taken cognizance of. Reliance is placed on the Judgment in the matter of Tayabbhai M. Bagasarwalla & anr. v. Hind Rubber Industries Pvt. Ltd. Etc. {AIR 1997 SC 1240}. 4. I have perused the judgment of the Apex Court, however, in the facts and circumstances of the instant case I do not deem it expedient to take cognizance of the contempt petition. It is submitted by the Counsel appearing for the petitioner that his clients proposes to challenge the order passed in Revision Application before the higher forum. It will be open for the petitioner to take appropriate measures in the event the order of the trial Court gets restored. This Contempt Petition does not need to be taken cognizance of. 5. Contempt Petition, therefore, stands dismissed. (R.M.BORDE, J)