Bombay High Court

SHRI VITHAL KESHAV SONAR (DIXIT)versusSHRI MANIKRAO DAJI SUDAKE

Disposal: Disposed Off

Holding

The contempt petition is disposed of as not pressed.

Summary

Petitioner Vithal Keshav Sonar filed Contempt Petition No. 118 of 2024 alleging interference with his access to a property. Respondents Manikrao Daji Sudake (Respondent No.1) and Respondent No.9 filed duly signed undertakings assuring the court that they would not construct, interfere, sell, or otherwise disturb the petitioner’s enjoyment of the property, and that the undertakings were given voluntarily. The petitioner, through counsel Akshay Kulkarni, informed the court that he would not further press the contempt petition in view of the respondents' assurances. The court accepted the undertakings and, noting the petitioner's decision not to pursue the matter, ordered the contempt petition to be disposed of as not pressed. The matter of the second appeal was adjourned for hearing on 9 October 2026.

Issues considered

Whether the contempt petition should proceed when the respondents have given voluntary undertakings to refrain from interfering with the petitioner’s property rights

Subjects

contempt of court
undertaking
property rights
civil procedure
injunction
disposal of petition

Judgment

                                                                      60-CP-118-2024.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIRCUIT BENCH AT KOLHAPUR
                              CIVIL APPELLATE JURISDICTION
                             CONT. PETITION NO. 118 OF 2024
                                          WITH
                             SECOND APPEAL NO. 506 OF 2012
                                           WITH
                       INTERIM APPLICATION (STAMP) NO. 30994 OF 2023
                                            IN
                              SECOND APPEAL NO. 506 OF 2012
             Shri Vithal Keshav Sonar (dixit)                          …Petitioner
                   Vs
             Shri Manikrao Daji Sudake and ors                     …Respondents

             Mr. Akshay Kulkarni, advocate for the Petitioner
             Ms. Suvarna Yadav, advocate for Respondent No.1
             Mr. K. K. Sasavade, Mr. R. K. Sasavade, advocate for Respondent
             No.9

                                     CORAM : RAJESH S. PATIL, J.
                                     DATE    : 10 SEPTEMBER 2026
             P. C. :
             1.      Learned advocate has tendered an undertaking dated 10
IRESH
MASHAL

             September 2026 of Respondent No.1. I am informed that similar
Digitally
signed by
IRESH
MASHAL
Date:
2026.09.11
19:07:29
+0530
             undertaking has also been filed on behalf of Respondent No.9,

             which has been uploaded online. In the undertaking filed today, it

             has been specifically mentioned in paragraph No.3 that Respondent

             No.1 voluntarily undertakes to assure this Court that:

                       I.   No construction or interference shall be there on
                       behalf of himself and his agents and servants from

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                                                          60-CP-118-2024.doc


         preventing the Appellant from accessing, inspecting, or
         enjoying the subject property in any manner.
         II.   That the Respondent will not sell, transfer, assign,
         gift, or execute any document in favour of any third party
         in respect of the subject property.
         III. That the undertaking is given by free consent and
         without     any      coercion,    undue   influence,    or
         misrepresentation.


2.      In view of the undertaking given by Respondent No.1 and

Respondent No.9, Mr. Kulkarni, on instructions of his client, submits

that he is not further pressing the Contempt Petition.

3.      Contempt Petition No. 118 of 2024 stands disposed of as not

pressed.

4.      Second Appeal No. 506 of 2012 to come up for hearing on

9 October 2026.



                                                   (RAJESH S. PATIL, J.)




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