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MCA/2198/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR CONTEMPT No. 2198 of 2005
In
FIRST
APPEAL No. 4037 of 2001
=========================================================
SHANTILAL
MAGANLAL THAKOR - Applicant(s)
Versus
SOMABHAI
UKABHAI MALI & 5 - Opponent(s)
=========================================================
Appearance
:
MR
KK PANDEY for
Applicant(s) : 1,
None for Opponent(s) : 1 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 03/07/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
basis of the present contempt application is the breach of order
dated 27.9.2001 passed by this Court in Civil Application
No.5461/2001 in First Appeal No. 4037/2001.
Heard
Mr. Pandey for the petitioner.
It
appears from the record of the present petition that on 25.9.2002,
the petitioner has made the statement in the present proceedings
that there is alleged breach of the order of status-quo granted by
this Court in the proceedings of the First Appeal. Record further
shows that the application is presented on 25.9.2002, however,
thereafter, for a period of about six years, no action whatsoever
has been taken by the petitioner to move this Court for taking
cognizance of the alleged breach and initiation of the proceedings
under the Contempt of Courts Act. Therefore, the action can be said
as barred by limitation when this Court has to take the cognizance
of the alleged contempt today.
Mr.
Pandey, learned Counsel appearing for the petitioner additionally
submitted that First Appeal No. 4037/2001 has been decided by the
Division Bench of this Court vide order dated 16.10.2002 and he
submitted that as per his instructions, SLP is preferred before the
Apex Court.
The
aforesaid can be said as an additional ground for not taking the
cognizance inasmuch as the proceedings in the First Appeal are
concluded.
In
view of the above, the present petition is not entertained and
dismissed.
(Jayant
Patel,J.)
(Akil
Kureshi,J.)
(raghu)
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