Bombay High Court
BABASAHEB PIRAJI ARGADEversusKHUSHALSING PARDESHI
- Disposal
- DISPOSED OFF
Holding
The Court held that no contempt of the interim order was committed by the respondents.
Summary
Petitioner Babasaheb Argade alleged that the Additional Commissioner and Additional Collector committed contempt by entertaining a revision and an appeal that allegedly contravened the High Court's interim order dated 29‑07‑2024, which stayed the award of a National Lok‑Adalat in RCA No.5/2016. The interim order had stayed the award pending determination of the writ petition challenging the award's validity. The respondents allowed the revision and appeal, and the petitioner claimed this violated the stay. The Court examined whether the orders of the Additional Collector and Additional Commissioner amounted to disobedience of the interim stay. It found that the Additional Collector did not direct any mutation entry based on the stayed award and had merely set aside an SDO order that itself conflicted with the interim stay. Consequently, the Court concluded that no contempt occurred and dismissed the contempt petition.
Issues considered
- Did the Additional Commissioner and Additional Collector commit contempt of court by entertaining the revision and appeal despite the interim stay order dated 29‑07‑2024?
- Whether the order allowing the appeal dated 31‑12‑2025 amounted to disobedience of the interim stay order.
Subjects
- contempt of court
- interim order
- stay of award
- National Lok‑Adalat
- mutation entry
- revision
- appeal
- High Court of Bombay
Judgment
2026:BHC-AUG:39778
(1) 920cp443.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
920 CONT. PETITION NO. 443 OF 2026
IN WP/7833/2024
Babasaheb Piraji Argade
….Petitioner
VERSUS
Khushalsing Pardeshi
…..Respondent
Mr. A. D. Khedkar, Advocate h/f Mr. V. K. Bhosle, Advocate for the
Petitioner
Mr. S. K. Shirse, AGP for the Respondents /State
CORAM : ROHIT W. JOSHI, J.
DATE : 29th AUGUST, 2026
PER COURT :
1. The present contempt Petition is filed alleging that
Respondent Nos. 1- Additional Commissioner and Respondent No. 2-
Additional Collector have committed contempt of interim order dated
29-07-2024 passed by this Court in Writ Petition No. 7833/2024. The
said writ Petition was filed by one Ajay Gandhi & Others in order to
challenge the award dated 09-12-2023 passed by National Lok-Adalat
in RCA No. 5/2016. One Surekha filed a suit for partition and separate
possession being RCS No.544/2011. Said suit was decreed on the
basis of compromise on 30-07-2015. Said compromise decree dated
30-07-2015 was challenged by present Petitioner Babasaheb by filing
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the Appeal being RCA No.5/2016. Said Appeal came to be disposed of
vide award dated 09-12-2023 passed by the National Lok-Adalat on
the basis of settlement pursis filed by the parties. The contention of the
Petitioner is that said settlement pursis was outcome of collusion and
therefore, was not binding on the Petitioner. The Petitioner
accordingly challenged the award dated 09-12-2023 before this Court
in writ Petition No.7833/2024. This Court passed the interim order
dated 29-07-2024 in the said Petition granting stay to the award dated
09-12-2023 passed by the National Lok-Adalat. One Janardhan had
filed the proceeding before the learned SDO in order to challenge the
mutation entry Nos. 1284, 1291, 1292, 1299, 1391 & 1493. Said
entries are pertaining to property forming subject matter of the
aforesaid civil suit and Appeal. It is the contention of the Petitioner
that said Appeal was allowed vide order dated 13-12-2024. It is the
case of the Petitioner that said Appeal could not have been allowed in
view of order dated 29-07-2024 passed by this Court in Writ Petition
No. 7833/2024. The Petitioner-Ajay Gandhi & others have filed
contempt Petition No.73/2025 with respect to said order passed by
learned SDO allowing the Appeal placing reliance on award dated 09-
12-2023 passed by the National Lok-Adalat.
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2. Order dated 13-12-2024 passed by the learned SDO
came to be challenged by one Anil by filing the Appeal before the
learned Additional Collector/respondent No. 2. Said Appeal came to
be allowed vide order dated 31-12-2025. Revision Application
preferred by Janardhan challenging the said order dated 31-12-2025 is
rejected by Respondent No.1-Additional Commissioner vide order
dated 20-01-2026. The contention of the present Petitioner is that in
view of the interim order dated 29-07-2024 passed in Writ Petition
No.7833/2024, Respondent Nos. 1 and 2 ought not to have entertained
the Revision and the Appeal respectively. It is therefore alleged that by
entertaining the revision and Appeal, Respondent Nos. 1 & 2 have
committed contempt of this Court by disregarding interim order dated
29-07-2024 passed in writ Petition No.7833/2024.
3. Perusal of the said order passed by the learned Additional
Collector reveals that he has recorded that RCS No. 544/2011 was
disposed of on the basis of compromise and based on the said
compromise decree, mutation entry No. 1284 was recorded in the
revenue record. The learned Additional Collector has thereafter
considered the award dated 09-12-2023 passed by the National Lok-
Adalat in RCA No. 5/2015. After having the noticed the said award
passed by the National Lok-Adalat reference is made to interim order
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dated 29-07-2024 passed by this Court in writ Petition No. 7833/2024
whereby the said award dated 09-12-2023 was stayed. In view of stay
to the award passed by the National Lok-Adalat in Appeal, the learned
Additional Collector has drawn an inference that earlier compromise
decree in RCS No. 544/2011 should revive.
4. This Court while entertaining the contempt Petition is not
required to consider as to whether said inference drawn is correct or
incorrect. This Court is required to assess to as to whether the order
passed by the learned Additional Collector amounts to disregarding
the order dated 29-07-2024 passed by this Court. In the considered
opinion of this Court, the learned Additional Collector has not directed
to take any mutation entry on the basis of award dated 09-12-2023
passed by the National Lok-Adalat which is stayed vide interim order
dated 29-07-2024 passed by this Court. Therefore, it cannot be said
that the learned Additional Collector has committed the contempt of
this Court while allowing the Appeal vide order dated 31-12-2025. In
fact, the learned Additional Collector has quashed and set aside the
order dated 13-12-2024 passed by the learned SDO, which itself is
passed contrary to the interim order dated 29-07-2024 by this Court.
Therefore, it cannot be said that by allowing the Appeal vide order
dated 31-12-2025 the learned Additional Collector has committed
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contempt with respect to interim order dated 29-07-2024. Respondent
No.1 -Additional Commissioner has confirmed the order passed by the
learned Additional Collector by recording similar findings.
5. In the considered opinion of this Court no case of
disobedience of the interim order dated 29-07-2024 passed by this
Court in writ Petition No. 7833/2024 is made out. Contempt Petition
is therefore, dismissed.
6. It is again clarified that this Court is not dealing with the
correctness or otherwise of the order passed by Respondent Nos. 1 and
2. This Court has restricted to its findings of allegations of the orders
passed by both the authorities in the contempt of aforesaid interim
order dated 29-07-2024.
7. The observations in paragraph 4 of the order with respect
to order passed by the learend SDO are made for the limited purpose
of deciding the present Petition.
[ROHIT W. JOSHI, J. ]
VishalK/920cp443.26
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