Created by Fuzzy Cloud

Bombay High Court

SHAMSUDDIN MAHMULAL PATHANversusYASHWANT MARUTI KANTHODE

Disposal
Disposed Off

Holding

The Court held that the contempt was purged as the respondent had complied with the earlier order, and therefore the petition stands disposed.

Summary

The petitioner, Shamsuddin Mahmulal Pathan, filed a contempt petition (No. 84 of 2026) arising from the order passed in Writ Petition No. 9140 of 2004 dated 26 September 2024. The respondent, Yashwant Maruti Kanhode, was alleged to have failed to comply with that order. The respondent's counsel submitted that full compliance had been effected, and the petitioner subsequently confirmed the same. The Court examined whether any contempt remained after the alleged compliance. Finding that the respondent had indeed complied, the Court held that the contempt was purged. Consequently, the contempt petition was disposed of.

Issues considered

  • Did the respondent comply with the order passed in Writ Petition No. 9140 of 2004?
  • Whether the contempt petition should be dismissed on the ground that the alleged contempt has been purged?

Subjects

  • contempt
  • compliance
  • writ petition
  • civil appellate jurisdiction
  • order enforcement

Judgment

                                 1                      27-CP-84-26.odt




      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIRCUIT BENCH AT KOLHAPUR
             CIVIL APPELLATE JURISDICTION


            CONTEMPT PETITION NO. 84 OF 2026
                          IN
             WRIT PETITION NO. 9140 OF 2004

                SHAMSUDDIN MAHMULAL PATHAN
                              VERSUS
                 YASHWANT MARUTI KANTHODE
                                 ...
         Advocate for Petitioner : Mr. Tanaji V. Mhatugade
  Advocate for Respondent : Mr. Ketan Patil h/f. Ms. Pinku Bensari
                                 ...

                          CORAM :        SACHIN S. DESHMUKH, J.
                          DATE       :   23-04-2026
PER COURT:-


1.    Heard.

2.    Learned counsel for the respondent submits that the

respondent has complied the order passed by this Court, in Writ

Petition No.9140 of 2004, dated 26.09.2024.           The same is

confirmed by the petitioner.

3.    In view of the above, the contempt is purged, as such, the

petition stands disposed of.



                                 [SACHIN S. DESHMUKH]
                                         JUDGE
rrd


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.