LAWS(BOM)-2023-9-457

JASMINA AGUIAR Vs. SHIRISH ANANT PAI RAITURKAR

Decided On September 04, 2023
Jasmina Aguiar Appellant
V/S
Shirish Anant Pai Raiturkar Respondents

JUDGEMENT

(1.) Heard Mr Michael Fernandes for the applicant, Mr Bhargav Khandeparkar for respondent nos.l and 2, Mr M. Salkar, learned Government Advocate for respondent nos.3,5,6 and 7 and Mr Zeller De Sousa for respondent no.4.

(2.) This application seeks a review of our order dtd. 22/8/2023 made by us in Contempt Petition No.6/2023 in the exercise of our Contempt jurisdiction.

(3.) Without going into the issue of whether such a review petition is at all maintainable after we have made an order in the exercise of our contempt jurisdiction, we find that even on merits no case is made out to review our order dtd. 22/8/2023. In our order dtd. 10/10/2022, in Writ Petition No.161/2022, we accepted the statement of the Panchayat about the execution of the demolition order dtd. 4/5/2015 against the structure put up by the applicant herein. However, we had clarified that the Panchayat would not be obliged to enforce the demolition order if the applicant produced a restraint order on implementation or execution.