HARI TULSHIRAM GHOLALP AND ANR. vs JITENDRA RAJARAM SAVANT AND ANR.

Judgment text excerpt

5-CP-488-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 488 OF 2025 Swapnil IN WRIT PETITION NO. 6435 OF 2013 1) Dr. Hari Tulshiram Gholap, ) 2) Dr. Prabiha Hari Gholap ) Both R/at: Vinayak Apartment, ) Sitafal Baug, Near Mati Ganpati ) Pune – 411 030. )..Petitioners Vs. 1) Shri Jitendra Rajaram Savant, ) 2) Shri Rajaram Yashwant Savant, ) Both R/at: Plot No. 17, Chintamani ) Apartment, Flat No. 6 & 10, Samarth ) Road, Madhuban Colony, S.No. 38/2, ) VARSHA Opposite to State Bank of India, ) VIJAY RAJGURU Digitally signed by VARSHA VIJAY Navsahyadri, Karvenagar, ) RAJGURU Date: 2026.05.05 20:52:21 +0530 Pune- 411052. AND Office Address: Hotel Sanman, ) 1205/2/8, Shirole Road, Opposite ) Sambhaji Park, Off. Jangali Maharaj ) Road, Shivajinagar, Pune -411 004. )..Respondents Mr. Girish Agrawal a/w. Ms. Chitra Darekar, Mr. Shubham Jangam and Mr. Ranjeet Salunkhe for the petitioners. 1/29 5-CP-488-2025.docx Mr. Girish S. Godbole i/b. Mr. P. S. Gondhalekar, Mr. Ajay Gadegaonkar for respondent no. 1 and 2. CORAM : GAURI GODSE, J. DATE : 4th MAY 2026 JUDGMENT : FIRST SESSION 1. This contempt petition is filed by the original plaintiffs alleging willful breach of the order dated 2 nd May 2011, passed in Spl. Summary Suit No. 207 of 2009 granting conditional leave to defend on furnishing a solvent surety equal to the claim amount, read with the order dated 10 th October 2011, passed by this court in Writ Petition No. 8116 of 2011, confirming the order passed by the trial court. 2. As per the conditional leave granted, solvent surety was submitted in respect of Gat No. 775 by submitting the solvency certificate of respondent no.2. After submitting the solvent surety, the written statement of respondent no.1 was taken on recor