HIRABAI INGULKAR Vs. GANPAT KALE

JUDGEMENT

(1.) P .C. To this Contempt Petition it is alleged that the Respondent has committed breach of an undertaking given by him in the High Court on 6th December, 1994. It is the case of the petitioner that the petitioner owns premises situated at 59, Parvati, Pune . The Respondent had encroached upon the open compound belonging to the petitioner. The petitioner, therefore, filed suit against the Respondent being a Civil Suit No.1559 of 1987 in the Small Causes Court at Pune. A decree was passed in favour of the petitioner. In paragraph 1 of the Plaint, the suit property was described as follows:-

(2.) THE learned Judge by his Judgment and Order dated 22nd October 1993 ordered the defendant to deliver the possession of the said premises alongwith additional structures situated by the side of the entrance door to the south of the suit premises after the period of appeal is over. In the appeal the District Court confirmed the decree for possession in favour of the petitioner. The Respondent filed writ Petition no.4687 of 1994 against the said decree for possession. On 15th of November, 1997, upon hearing the learned Counsel Justice Savant rejected the said petition. He however observed as follows:

(3.) ON 20th July, 1993, upon hearing the learned Counsel appearing for both the sides Justice Rebello passed the following Order: