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2011 Supreme(Bom) 1196

A.H.JOSHI, A.R.JOSHI
V. S. Deshpande – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared
For the Petitioner:V.N. Damle, Advocate.
For the Respondents:R1, N.R. Shaikh, APP, R2, J.H. Deshmukh, R2 & R6, M.D. Shinde, Advocates.

Judgment :-

A.H. JOSHI,J.

1. Rule. Rule is made returnable forthwith. Heard by Consent.

2. This Contempt proceedings are initiated on the Reference made to this Court by 5th Joint Civil Judge, Senior Division, Ahmednagar.

3. In the proceedings for grant of succession certificate, present contemnors have made a statement on record that the Hon'ble High Court had demanded succession certificate in the appeal pending before High Court.

The contemnors were not able to prove that any such order was passed.

4. The trial Court, by passing order below Exh.1, called the explanation from the applicants therein as to why action should not be taken against them for making such false and irresponsible statement.

5. The applicants therein filed written explanation in which objectionable matter was incorporated. The statements, which were objectionable, are quoted in the reference.

6. This Court had taken cognizance and ordered that notice of show cause be issued against the contemnors.

7. The contemnors remained present, intermittently. Sayyad Yunus Sayyad Amin, one amongst them, was absent inspite of execution of bond and even failed to apply for exemption of personal attendance. Therefore,






























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