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MCA/1950/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1950 of 2009
In
SPECIAL
CIVIL APPLICATION No. 12113 of 2006
=========================================================
RAMESHBHAI
DAJIBHAI PATEL & 1 - Applicant(s)
Versus
LALLUBHAI
RAMABHAI PATEL & 5 - Opponent(s)
=========================================================
Appearance :
MR
UTPAL M PANCHAL for
Applicant(s) : 1 - 2.
NOTICE SERVED for Opponent(s) : 1 -
6.
MRMPSHAH for Opponent(s) : 2 - 6.
MS. KRUTI M SHAH for
Opponent(s) : 2 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 29/06/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
Prima
facie from the record it appears that the respondents have enjoyed
the part of the benefit of the order of this Court, but have not
complied with the condition imposed for enjoyment of the benefit,
i.e., the repairing work on undertaking that they shall not carry out
any new construction on the disputed site, therefore would attract
the further action under Contempt of Court Act.
Hence,
the contempnors-respondents Nos. 2,3, 4 & 5 are directed to
remain personally present on 06.07.2010 before this Court to undone
the action taken in breach of the order passed by this Court and also
for further consequential order so as to prevent the aggravation of
the contempt.
D.S.
permitted. Additionally, learned counsel Ms. Shah shall communicate
the order to her respective clients.
(JAYANT
PATEL, J.)
(SMT.
ABHILASHA KUMARI, J.)
*bjoy
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