MCA/1307/2006 3/ 4 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR CONTEMPT No. 1307 of 2006 ========================================================= LILAVATIBEN WD/O.MOHANLAL RANCHHODDAS & 1 - Applicant(s) Versus MOHAMMAD SIDDHIQUE HAJI ALI & 3 - Opponent(s) ========================================================= Appearance : NOTICE SERVED for Applicant(s) : 1 - 2.PARTY-IN-PERSON for Applicant(s) : 1 - 2. MR KUNAL S SHAH for Opponent(s) : 1 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI and HONOURABLE MR.JUSTICE K.M.THAKER Date : 16/10/2008 ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Present
application is filed by the applicants ý Lilavatiben Wd/o Mohanlal
Ranchhoddas and Ushaben Mohanlal. Applicant No.2 – Ms. Ushaben
Mohanlal is appearing party-in-person.
2. The
applicants in this application dated 3.5.2006 have contended that
there was an injunction order granted below Exh.5 in Small Cause Suit
No.135 of 2005, which is violated by the respondents. The respondents
by committing breach of the same have rendered themselves liable for
Contempt of the Court.
3. Whereas
Misc. Civil Application No.1450 of 2007 is filed on behalf of the
respondents wherein, this court (Coram: Hon’ble Mr. Justice
A.M.Kapadia and Hon’ble Mr. Justice K.A.Puj) has passed the following
order:-
ýSRule.
To be heard with M.C.A.No. 1307/ 2006.ýý
In
Misc. Civil Application No.1450 of 2007 it is set out that, ýSthe
contempt application under Order-39, Rule-2(A) for disobedience of
the injunction order granted by the subordinate Judge is a Civil
Contempt governed by the Code. That it requires to make an
application before the same Court, and the same Court is the proper
Court to punish a person guilty of such disobedience is a Court
granting the injunction. That the opponents have made an application
before the Small Causes Court, and which is pending for hearing.
Hence, the above Misc. Civil Application filed by the opponents is
not maintainable.ýý
4. This
court has taken into consideration the fact that the application
Exh.48 is pending before the learned Judge of the Small Causes Court
wherein the learned Judge has passed the following order :-
ýSThe
plaintiffs application Exh.5 for temporary injunction is hereby
allowed and the earlier order passed by me for ad-interim injunction
is hereby made absolute till the final disposal of the suit.
Application
Exh.48 is partly allowed and defendants are hereby prevented
from making any kind of construction after obtaining a sanction
plan from the Surat Municipal Corporation on the rented premises
bearing W ard No.11, Nondh No.868, 869, 876 and 877 which Tenement
number is 11A-11-0491-0-002 till the final disposal of the suit
and rests of the prayer regarding Contempt of the Court made in the
application is postponed till the final disposal of the suit. Yadi be
sent to Commissioner Shree, Surat Municipal Corporation, Surat.ýý
5. In
view of that, the present Misc. Civil Application No.1307 of 2006 is
not required to be entertained by this court.
6. As
the party-in-person is appearing and hence not praying, the court
feels it proper to direct the trial court that Exh.48 – application
be considered strictly on merits without being influenced by the fact
that Misc. Civil Application No.1307 of 2006 is not entertained by
this court. It is clarified that Misc. Civil Application is not
entertained only because Exh.48 application is pending. This court is
not expressing any opinion on the merits of the subject matter of
Misc. Civil Application No.1307 of 2006. It is reiterated that the
Misc. Civil Application is not entertained only because the subject
matter is the same. It will be in the interest of justice to consider
and decide Exh.48 application in accordance with law on its own
merits.
[RAVI
R. TRIPATHI, J.]
[K.M.THAKER,
J.]
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