Tukaram s/o Vithalrao Khalse and others v. Bhimrao s/o Bhikaji Bawane
1974-02-01
P.S.MALVANKAR, R.L.AGARWAL
body1974
DigiLaw.ai
JUDGMENT - P.S. MALVANKAR, J.:---This petition was filed by the original plaintiff for taking action against the defendants for contempt in that, according to the petitioner, the contemners had disobeyed the injunction issued by the Court restraining them from erecting any structure. The dispute was regarding a party wall. Ultimately, it appears that the suit of which this contempt petition arises was compromised in Second Appeal No. 935 of 1969. It appears from the terms of the compromise in accordance with which the decree was passed, that the defendants were required to pull down the structure standing on the portion belonging to the plaintiff-petitioner under the compromise. It seems, therefore, to us that in view of the fact that the contemners have now purged themselves of the contempt and there being settlement arrived at between the parties no orders need be passed on this petition. Rule, therefore, discharged. No order as to costs. -----