2022:BHC-AS:2114 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.433 OF 2021 IN CIVIL APPLICATION NO.1684 OF 2018 IN FIRST APPEAL NO.846 OF 2003 Shri Sayed Arshad Zaidi, Age: 42 yrs., Occ: Business, heir and legal representative of Deceased Smt. Mehmood Fatima Residing at 4/159, Ambedkar Nagar, Worli, Mumbai-400 018 ...Petitioner/

Appellant.

Vs

1. The Municipal Commissioner, The Municipal Corporation of Greater Bombay Mahapalika Marg, Fort, Mumbai-400 001.

2. The Addl. Commissioner (Estate), The Municipal Corporation of Greater Bombay, Mahapalika Marg, Fort, Mumbai-400 001

3. The Asstt. Muncipal Commissioner (G-South), The Municipal Corporation of Greater Bombay, Mahapalika Marg, Fort, Mumbai-400 001, 4. Shankhla Realtors Pvt. Ltd., A Company incorporated under the Companies Act, 1956 having its office at A-1, Swati Manor, N.C.Kelkar Marg, Opp: Shivaji Temple, Dadar, Mumbai-400 028, 5. Mr. Udaykant Jha Chief Promoter of Radha Krishna Co-operative Housing Society, (Proposed), having his office at C.S.NO.6/71, 7/71, Lower Parel Division, G. South Ward, Kamalpatra Chawl, Senapati Bapat Marg, Lower Parel, Mumbai-400 030, 6. Mr. Murtaza Ali Rajkotwala, M/s. Alamdar Infrastructure Pvt. Ltd., Marathon Innova Corporate Centre, C-601, 6th Floor, Off. Ganpatrao Kadam Marg, Lower Parel, Mumbai-400 013 ... Respondents …

Mr. A.N.Mulla for the Petitioner/Appellant.

Mr. A.Y.Sakhare, Senior Advocate with Joel Carloes with Mr. Santosh Parad with Mr. Om Suryavanshi i/by Mr. Sunil Sonawane for Respondent Nos.1 to 3-MCGM.

Ms. Vidya Khatu with U.H.Deshpande for Respondent No.4.

Mr. Girish Godbole with Ms. Laxmi Jessani i/by M/s. Laxmi Jessani for Respondent No.5.

Mr. V.R.Dhond, Senior Advocate with Mr. Mustafa Kachwala with Ms. Roshani Sewlani i/by Kachwala Misar and Co. for Respondent No.6.

CORAM : SANDEEP K. SHINDE J.

RESERVED ON : FEBRUARY 1, 2022.

PRONOUNCED ON: FEBRUARY 3, 2022.

(Through Video Conferencing)

JUDGMENT :

Appellant in First Appeal No.846 of 2003 seeks to initiate action against the respondent nos.1 to 3 under the Contempt of Courts Act, 1971, for willfully disobeying two orders; one dated 30th January, 1985 passed by the Hon’ble Supreme Court in SLP’s bearing nos. 6452, 7142 to 7145 and 10621 of 1985 and another dated 16th October, 2018 passed by this Court, in Civil Application No.1684 of

2018 in the subject First Appeal.

2 Briefly stated, it is Petitioner’s case that;

Smt. Mehmood Fatima, predecessor-in-title of the petitioner-plaintiff was Vacant Land Tenant (VLT) of the Municipal Corporation of Greater Mumbai, in respect of the land admeasuring 1000 square yards, a part of C.S. Nos.6/71 and 7/71 at, Lower Parel Division at Senapati Bapat Marg, Worli, Mumbai-400 018 (‘Suit Plot/ Property’). That, Petitioner is grand-son of Smt. Mehmood. His father, Mustafa, constructed four chawls on the suit plot and accommodated 35 tenants. They were paying rent to him till 1980- 81. In August, 1981, Corporation terminated the tenancy concerning Suit Plot and adopted eviction proceedings under Section 105B, of the BMC Act. Before the warrant of possession could be executed in the eviction proceedings, eviction action was challenged, before the City Civil Court, Mumbai. The Principal Judge, City Civil Court, Mumbai vide order dated 14th July, 1983, quashed eviction orders. Whereafter, the Corporation challenged the order of the Principal Judge, City Civil Court, Bombay in batch of Writ Petitions. The Division Bench of this Court vide judgment dated 20th August, 1984 quashed the impugned judgment of the City Civil Court and upheld the eviction orders, passed by the Enquiry Officer of the Corporation under Section 105B of the BMC Act. It appears, the lessees (VLT) of the adjoining lands, forming a part of CS Nos.6 of 71 and 7 of 71 (respondents in Writ Petition No.4077 of 1983 and 4083 of 1983) preferred SLP Nos.6452, 7142 to 7145 and 10621 of 1985 against the judgment of the Division Bench. In these SLPs, following or