Bombay High Court

CHANDRAKANT RUSTUMRAO MOREversusDATTATRAY KESHAVRAO MORE AND ORS

Disposal: DISPOSED OFF

Holding

The petition was disposed of as there was no surviving ground for contempt after the respondents demonstrated compliance.

Summary

Chandrakant Rustumrao More filed a contempt petition alleging that the respondents had not complied with an order to pay subsistence allowance. The petitioner’s counsel claimed the petitioner had died on 30‑12‑2013. The respondents produced a statement of account showing that the allowance had been paid on 04‑04‑2013, 30‑05‑2013, 04‑07‑2013 and 13‑09‑2013. The court, noting the compliance, held that no ground for contempt remained. Consequently, the contempt petition was disposed of.

Issues considered

Whether the contempt petition is maintainable when the petitioner is deceased
Whether compliance with the order to pay subsistence allowance defeats the contempt claim

Subjects

contempt of court
subsistence allowance
compliance
petition disposed
deceased petitioner

Judgment

2026:BHC-AUG:43082

                                                                             442.2012CP

                                                     1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                          10 CONTEMPT PETITION NO. 442 OF 2012
                                   IN WP/2734/2011

                                 Chandrakant Rustumrao More
                                            VERSUS
                               Dattatray Keshavrao More And Ors
                                               ...
                 Mr. Godbole R.J., Advocate for the Petitioner
                 Mr.N.B. Patil,AGP for Respondent/State
                 Mr.D.A. Karnik h/f Mr. Vivek Dhage, Advocate for Respondent
                 nos.1 and 2.
                                               ...

                                          CORAM :        VAISHALI PATIL-JADHAV,J.

                                          DATE       :   21.09.2026

                 P.C. :


                 1.          Learned advocate for the petitioner submits that
                 the petitioner has expired on 30.12.2013.
                 2.          Learned advocate holding for Mr.Dhage, leanred
                 advocate for respondent nos.1 and 2 has placed on record the
                 Statement of Account, wherein payment of subsistence
                 allowance is reflected as paid to the petitioner on 04.04.2013,
                 30.05.2013, 04.07.2013 and 13.09.2013. The said Statement
                 of   Account      is   taken   on   record   and   marked   "X"   for
                 identification.
                 3.          The Headmistress, Mrs. Anita Kulkarni of Nehru
                 Vidyalaya, Golapangri is present in the Court.
                 4.          In view of the statement made by respondent
                 nos.1 and 2 as to the compliance of the order by paying
                                                    442.2012CP

                             2

subsistence allowance to the petitioner, nothing survives in
the contempt petition and the same stands disposed of.



                             [VAISHALI PATIL-JADHAV]
                                      JUDGE
sga

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