Bombay High Court

VASANTRAO BHAGWANRAO SUWARNAKARversusSHIVRAM RAJARAM MISTRI L.RS. LINGAMMA SHIVRAM MISTRI and ORS

Disposal: DISPOSED OFF

Holding

The contempt petition was dismissed as there was no surviving order to constitute contempt.

Summary

The petitioner, Vasantrao Bhagwanrao Suwarnakar, filed Contempt Petition No. 344 of 2010 alleging contempt of an interim order passed in Writ Petition No. 525 of 2007. The respondents, including Shivram Rajaram Mistri and others, were represented by Mr. G.A. Kulkarn, Advocate General for the State. The High Court observed that the main writ petition had been disposed of on 24 June 2008, thereby extinguishing the operative interim order. Since the order alleged to be disobeyed no longer existed, there was nothing left to constitute contempt. Consequently, the Court held that the contempt petition could not proceed and ordered it to stand disposed. Any pending civil applications linked to the contempt petition were also disposed of.

Issues considered

Whether a contempt petition can survive and be entertained after the underlying writ petition and its interim order have been disposed of?

Subjects

contempt of court
interim order
writ petition disposal
jurisdiction
civil application

Judgment

2026:BHC-AUG:43132

                                                                         344.2010CP

                                                 1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                         6 CONTEMPT PETITION NO. 344 OF 2010
                                     IN WP/525/2007
                             Vasantrao Bhagwanrao Suwarnakar
                                          VERSUS
                 Shivram Rajaram Mistri L.rs. Lingamma Shivram Mistri and
                                           others
                                             ...
                 Mr.G.A. Kulkarn, AGP for Respondent/State
                                             ...
                                           WITH
                          CIVIL APPLICATION NO. 9590 OF 2011
                                      IN CP/344/2010
                                           WITH
                          CIVIL APPLICATION NO. 10283 OF 2011
                                      IN CP/344/2010

                                       CORAM :       VAISHALI PATIL-JADHAV,J.
                                       DATE  :       21.09.2026

                 P.C. :
                 1.          None for the petitioner.
                 2.          The order of which contempt is alleged was an
                 interim order passed in Writ Petition.
                 3.          Subsequently, the main Writ Petition has itself
                 been disposed of by this Court on 24.06.2008.
                 4.          In view of disposal of the writ petition itself,
                 nothing survives in the contempt petition and the same
                 stands disposed of.
                 5.        Pending Civil Applications, if any stand disposed of.




                                                [VAISHALI PATIL-JADHAV]
                                                         JUDGE
                 sga

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