Dhanraj S/O Laxman Kalamkar And ... vs Krishna S/O Nilkanth Bhagat And 2 ...
2021 Latest Caselaw 150 Bom

Citation : 2021 Latest Caselaw 150 Bom
Judgement Date : 5 January, 2021

Bombay High Court

Dhanraj S/O Laxman Kalamkar And ... vs Krishna S/O Nilkanth Bhagat And 2 ... on 5 January, 2021

Bench: S. M. Modak

cp.55.14                                                                                          1/1


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR

                      Civil Application [CAN] No.23 of 2018
                                         in
                        Contempt Petition No.55 of 2014
                          Dhanraj s/o Laxman Kalamkar & another
                                            vs.
                           Krishna s/o Nilkanth Bhagat & others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                             Court's or Judge's Orders
or directions and Registrar's orders.
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                           Shri N.R. Kanungo, Advocate h/f Shri S.S. Voditel, Advocate for
                           the Applicants-Petitioners.
                           None for the Respondents.

                                            CORAM : S.M. MODAK, J.

DATE : 5th JANUARY, 2021.

This contempt petition has been filed by the successful decree holders for the reason that the judgment debtors have taken unjustified objections in the execution proceedings filed by the petitioners- decree holders.

Now, it is submitted that the decree holders have received the possession. The only reason, for which the petitioners want to continue with this contempt petition, is that son of one of the respondents has filed a suit before the Civil Court, Nagpur and in that suit he has contended that the undertaking given by his father in the execution proceedings is not binding on him.

The learned Advocate for the petitioners wants to take instructions about the status of that suit.

Prima-facie, I feel that now there is no justified reason to continue with this contempt petition. Still, the petitioners are granted time till 8 th January, 2021.

JUDGE *sandesh