Bombay High Court
BHIMRAO HONAJI LATE DIED THROUGH LRS JANARDHAN S/O BHIMRAO LATE AND ANRversusMR. RAKESH GUZARE AND ANR
- Disposal
- DISMISSED
- Bench
- ABHAY MANTRI
Holding
The respondents did not breach the Court's order as it did not specifically direct a deposit, and the contempt petition is dismissed.
Summary
The petitioners, Janardhan and another, filed a contempt petition against the respondents alleging non‑deposit of a sum ordered by this Court on 19 November 2025. The petitioners contended that the respondents had breached the Court's order by failing to deposit the amount. The Court examined the order and found that it did not expressly direct the respondents to make any deposit. Consequently, the Court held that no breach of the order could be established. The Court further observed that the petitioners could recover the amount through execution proceedings in the appropriate forum. Accordingly, the contempt petition was dismissed as bereft of merit.
Issues considered
- Whether the respondents committed contempt by failing to deposit the amount as alleged in the petition.
- Whether the petitioners have any other remedy to recover the amount.
Subjects
- contempt
- court order
- execution proceedings
- breach of order
- civil procedure
Judgment
2026:BHC-AUG:31047
19.CP.193.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CONTEMPT PETITION NO. 193 OF 2026
IN
FIRST APPEAL NO. 863 OF 2013
Bhimrao Honaji Late Died Through LRs
Janardhan S/o Bhimrao Late and Another ...Petitioners
Versus
Mr. Rakesh Guzare and Others ...Respondents
***
Mr. Kakade Deepak Madhavrao, Advocate for the Petitioners
Mr. V. S. Badakh, AGP for Respondent – State.
***
CORAM : ABHAY J. MANTRI, J.
DATE : JULY 27, 2026
PER COURT :
1. Heard learned counsel for the Petitioners. Perused the record.
2. On perusal of the order dated 19th November 2025 passed by
this Court, it appears that nowhere in the said order has this Court
specifically directed any of the Respondents to deposit the amount; therefore,
in my view, it cannot be said that the Respondents have committed breach of
the order of this Court.
3. Apart from that, the Petitioners can recover the said amount by
filing the execution proceedings before the appropriate forum. Hence, the
Petition, being bereft of merits, stands dismissed.
(ABHAY J. MANTRI, J.)
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