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2006 Supreme(Bom) 656

J.N.PATEL, B.P.DHARMADHIKARI
MAHENDRA PRATAP (COL. ) s/o BHAWANI SHANKAR CHOUDHARY – Appellant
Versus
SANJAY s/o GOVINDDAS RATHI – Respondent


ORAL JUDGMENT

B. P. DHARMADHlKARI, J.: - This is application under section 15 read with section 2(c) of Contempt of Courts Act, 1971 (referred to as 1971 Act hereafter) read with Article 215 of the Constitution of India. The petitioner/original plaintiff begs to point out that use of words "extraneous considerations" by respondents/original defendants in application for review filed before lower Court scandalizes that Court and constitutes criminal Contempt as defined in section 2( c) of 1971 Act.

2. Present petitioner Col. Mahendra Pratap Choudhary has filed Special Civil Suit No. 400/2002 in the Court of Civil Judge Senior Division, Nagpur for cancellation of sale deed dated 14 - 3 - 2000 and for restoration of his possession and for permanent perpetual injunction. For the purposes of present controversy the details of said dispute are not relevant. The sum and substance of grievance of petitioner is that, respondents who obtained sale deed from him had agreed to provide a penthouse with open terrace and they have breached that promise. He also filed application for grant of temporary injunction to prohibit purchaser from proceeding further with the construction and from c
































































































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