Bombay High Court

SHEHNAAZBI SHAIKH SALIM AND ANOTHERversusSHAIKH YUNUS SHAIKH AHMED AND OTHERS

Disposal: DISPOSED OFF

Holding

The contempt petition is dismissed as there is no surviving cause for contempt.

Summary

The petitioners filed a contempt petition alleging that the authorities violated interim orders restraining mutation of a disputed property. They claimed that despite the prohibition, the Deputy Superintendent of Land Records effected mutation in the property card. The court noted that the main writ petition (WP No. 7984 of 2018) had been finally decided and dismissed, granting the petitioners liberty to challenge the order dated 05-12-2015 before the appropriate forum. Since the writ petition was dismissed, the petitioners retain a remedy to contest the mutation through that avenue. Consequently, the contempt petition had no surviving cause and was disposed of.

Issues considered

What is the maintainability of a contempt petition when the main writ petition has been dismissed and the petitioner has an alternative remedy?

Subjects

contempt of court
interim order
mutation of land records
writ petition
remedy

Judgment

                                   (1)
                                                   911- C. P. 473-2019.odt
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                  CONT. PETITION NO. 473 OF 2019
                         IN WP/7984/2018

           SHEHNAAZBI SHAIKH SALIM AND ANOTHER
                               VERSUS
          SHAIKH YUNUS SHAIKH AHMED AND OTHERS
                                  …..
Advocate for the Petitioner Nos. 1 and 2 : Mr. B. B. Kulkarni
AGP for Respondents: Mr. A. S. Shinde
                                  …...

                   CORAM :       SANDIPKUMAR C. MORE, &
                                 VAISHALI PATIL-JADHAV, J.J.

                   DATED :       SEPTEMBER 29, 2026

ORDER:-

1.    Heard.



2.    Though the learned counsel for the petitioner seeks time to take

instructions, but the record shows that present Contempt Petition is in

respect of the flouting of the interim orders, restraining the mutation

in respect of the property in dispute.



3.    According to the learned counsel for the petitioner, despite such

prohibition, the concerned authority made mutation in the Property

Card of the disputed property. However, the learned A.G.P. as well as

learned counsel for the petitioner confirms the fact that the main Writ

Petition No. 7984 of 2018 has been finally decided and dismissed with

liberty to the petitioner for challenging the order dated 05.12.2015
                                  (2)
                                                  911- C. P. 473-2019.odt
passed by the Dy. Superintendent of Land Record, Jalna before the

competent forum as permissible under law.



4.      As such, when the main Writ Petition is dismissed and that too

with the liberty as aforesaid, the petitioner is having remedy against

the mutation carried out during the pendency of Writ Petition.



5.     Under such circumstances, nothing survives in this petition and

it stands disposed of.



(VAISHALI PATIL-JADHAV)            (SANDIPKUMAR C. MORE)
      JUDGE                                JUDGE

YSK/

Continue reading with your account

Checking your session…