ASHOK LALWANI Vs. SURENDRA SHRIVASTAVA

JUDGEMENT

(1.) The petition under judgement has been filed u/s. 12 and 16 of the Contempt of Courts Act by the Petitioner, an Advocate practicing before this Court, against the Contemnor who, at the relevant point of time was the IV Additional District Judge, Katni.

(2.) The Petitioner filed a Civil Suit bearing No. 38-A/2012 for ejectment of his tenant and mesne profits. An ex part judgement and decree dated 05/08/2013 was passed in the civil suit by which, ejectment was granted on grounds of bonafide requirement and subletting of the premises. However, mesne profits were not granted. The Petitioner preferred a Civil Appeal being R.C.A No. 2700008/2014 against the said order. The tenant remained expart even after being served by way of publication in a daily newspaper.

(3.) It is the case of the Petitioner that at the time of final hearing, the Counsel for the Appellant submitted the synopsis along with a list of eight judgements with their photocopies annexed, explaining the law of mesne profits. According to the Petitioner, the Contemnor pronounced the judgement by partially allowing the appeal of the Petitioner but dismissed his claim for mesne profits. The Petitioner submits that the Contemnor, did not refer to all the eight judgements cited and tendered by the Petitioner instead, referred to only three judgements which are AIR1985 BOM 2002, AIR1977 SC 2270 and 2001 (1) MPLJ 547. The Petitioner further states that the Contemnor has rejected his appeal in so far as mesne profits are concerned, by relying on two judgements which are AIR 1996 CAL 88, 2006 (2) C.C.C (Bom) 600.