LAWS(BOM)-2010-7-195

TEJRAM Vs. STATE OF MAHARASHTRA

Decided On July 22, 2010
TEJRAM S/O GULAB HAZARE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This contempt appeal under Section 19 of the Contempt of Courts Act, 1971 (for short "the Act") is directed against the judgment and order dated 18/12/2008, rendered by a learned Single Judge, in Contempt Petition No.3 of 2008, holding the appellants guilty of committing deliberate and willful disobedience of the order of this Court dated 04/04/2007 and awarding simple imprisonment for one month each and pay fine of Rs.500/- (Rs.Five I lundred) each to be paid within a period of two months from the date of the judgment, failing which to undergo simple imprisonment of one week. Further the learned Judge directed to put respondent No.2 in possession of the land in dispute by removing the appellants from the possession thereof within a period of two months from the date of the judgment.

(2.) This Court while admitting the appeal vide order dated 18-02-2009, granted stay of the impugned order to the extent-it directed the Police Station Officer of the Police Station, Kamptee to hand over possession of the suit land to respondent No.2. It further appears that since the appellants came to be arrested pursuant to the impugned judgment, this Court vide order dated 06-03-2009 ordered to release them on bail on furnishing P.R. Bond in the sum of Rs.5,000/- (Rs.Five Thousand) each with one solvent surety in the like amount to the satisfaction of the Registrar (Judicial) of this Court.

(3.) We have heard learned counsel for the parties at great length and with their assistance gone through the entire material placed before the Court. Before making reference to the arguments advanced by learned counsel for the parties, we deem it appropriate to mention in detail the sequence of dates and events, which, in our opinion, would be relevant and necessary to consider the contentions urged and the questions involved in the appeal.