IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
T. V. NALAWADE, VIBHA KANKANWADI, JJ.
Miss Huma A. Ansari - Petitioner
Versus
Shri Ravi Tukaram Damodar and Ors - Respondent
Criminal Contempt Petition No. 01 of 2016
Decided on : 24-09-2018
Contempt of Courts Act, 1971 - Section 15 (2), 8 and 12 – issued notice - Criminal Contempt - Unconditional apology - Presiding Officer joined Judiciary and was posted at - Execution Petition bearing Regular Darkhast was before her Court - One advocate was representing decree holders and earlier one were representing judgment debtor No-1 and obstructionist- Present respondent – Contemnor was representing obstructionist - Presiding Officer has given checkered history behind execution petition - It is stated that decree holders were original plaintiffs in Regular Civil Sit which was filed for recovery of possession - Defendants in that suit were duly served but y did not contest and therefore suit was decreed expert Presiding Officer joined Judiciary and was posted - Execution Petition bearing Regular Darkhast was before her Court - One advocate was representing decree holders and earlier one were representing judgment debtor and obstructionist - Present respondent – contemnor was representing obstructionist - Presiding Officer has given checkered history behind execution petition - It is stated that decree holders were original plaintiffs in Regular Civil Sit which was filed for recovery of possession- defendants in that suit were duly served but y did not contest and therefore suit was decreed expert That order was confirmed by this Court in Writ Petition - Held, Considering reasons above stated in our opinion acts of respondent No-1 – Contemnor amounted to scandalising Court and obstruction in administration of Justice therefore we conclude that he has committed criminal contempt of Court- Hence he is required to be dealt with sternly - He submits that he does not want to say anything - Court have also heard Amicus Curiae for petitioner and learned Additional Public Prosecutor on point of sentence - They both have submitted that authority of Court has been lower down in this case clearly by Contemnor and therefore maximum sentence be awarded proviso to sub-section reof contemplates that accused may be discharged or punishment awarded be remitted on apology being made to satisfaction of Court - In present case respondent - Contemnor has not only shown disinclination to tender apology much less unconditional apology but has justified his conduct on ground that he was trying to do justice to his client - He got himself identified with his clients and he has crossed principles of professional ethics for same - Petition is disposed of
VIBHA KANKANWADI, J.
1. Present reference has been made for taking action under Section 15 (2) of the Contempt of Courts Act, 1971 by the then 3rd Joint Civil Judge Junior Division and J.M.F.C., Aurangabad Miss. Huma A. Ansari (the petitioner is referred to a 'Presiding Officer' henceforth) against in all nine persons. Notice has been issued to respondent No.1 only by this Court. A show cause notice was issued to him and he has given reply.
2. The Presiding Officer joined Judiciary in August 2006 and was posted at Aurangabad from 10th June 2013. Execution Petition bearing Regular Darkhast No. 30 of 2011 was before her Court. One advocate Mr. S. R. Nehri was representing the decree holders and earlier one Mr. Nishant S. Mansingka and Mr. Survase Patil were representing judgment debtor No.1 and obstructionist. Present respondent No.1 – contemnor was representing obstructionist. The Presiding Officer has given the checkered history behind the execution petition. It is stated that, the decree holders were the original plaintiffs in Regular Civil Sit No. 52 of 1993 which was filed for recovery of possession. The defendants in that suit were duly served but they did not contest, and therefore, suit was decreed exparte. The defendants had filed appeal. Appeal came to be allowed and the proceeding was remanded, and parties were directed to appear before the trial Court on 31st March 2004. A specific order was passed for them that, they should file written statement on or before 12th April 2004. However, the judgment debtors i.e. then defendants did not appear and again a decree came to be passed against them on 31st March 2005. Again the defendants preferred appeal, but there was delay and therefore they had moved an application for condonation of delay. The said application came to be rejected on 10-04-2007. The then defendants had preferred Second Appeal No. 594 of 2007, but it was also dismissed. Under such circumstance the decree had attained the finality, and therefore, the execution petition bearing No. R. D. No. 30 of 2011 came to be filed.
3. It has been further informed that, the judgment debtor No.1 had filed Regular Civil Suit No. 34 of 2001 challenging the decree passed in Regular Civil Suit No. 52 of 1993 on the ground of fraud and misrepresentation. The said suit travelled up to Hon'ble Apex Court and was dismissed in SLA (Civil) No. 1972 of 2011 on 11-02-2011. Therefore, the said decree in that proceeding had also attained finality. Thereafter, each judgment debtor and obstructionist had independently challenged the original decree on number of occasions on various grounds and all those orders are in favour of decree holders. Thereafter the judgment debtors raised objection in the execution petition by filing applications at Exhibit 32 and 39, again on the ground that the decree has been obtained by fraud on the strength of forged sale deed. That claim was dismissed by this Court by order dated 01-08-2013 in Writ Petition No. 8527 of 2011. Thereafter again the judgment debtors and obstructionist resisted the execution petition on the same ground by filing applications at Exhibit 18, 36, 61, 68. All these applications were decided on merits on 25-06-2014. Orders below those exhibits have also attained finality. Ultimately the possession warrant was issued under Order 21 Rule 35 of Code of Civil Procedure. However again applications at Exhibit 80, 81, 84, 85, 88, 89, 100, 102, 107, 112, 113, 115, 118, 120 were filed reiterating the same claim and contentions. All those applications were again decided and came to be rejected on 16-12-2014. Again the matter was taken up before Hon'ble Apex Court in SLA No. 22002-22003/15, and it came to be dismissed on 31-08-2015. Thereafter, also on number of occasions various applications were filed on the same claim and contentions and they have been rejected. An application was filed at Exhibit 179 by the decree holders on 27-07-2015 for reissuance of possession warrant with pray
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