Anilbhai Rambhai Bharwad vs State Of Gujarat
2021 Latest Caselaw 17965 Guj

      C/MCA/1267/2018                                ORDER DATED: 01/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION NO. 1267 of 2018
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                        ANILBHAI RAMBHAI BHARWAD
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR TATTVAM K PATEL(5455) for the Applicant(s) No. 1,2
MR KM ANTANI, ASST. GOVERNMENT PLEADER for Opponent(s) No. 1
NOTICE NOT RECD BACK(3) for the Opponent(s) No. 2
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  CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
        KUMAR
        and
        HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                         Date : 01/12/2021
                          ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. These contempt proceedings have been

initiated for alleged violation of the order dated

09.05.2016.

2. The sum and substance of the grievance of

the complainants is that the predecessors-in-title of

the complainants had filed a suit against the

respondents for declaration and injunction in Regular

Civil Suit No.511 of 2001, which came to be decreed

after contest by judgment and decree dated 09.05.2006

and the defendants were permanently restrained from

taking possession of the plaintiffs or disturbing the

possession of the plaintiffs and despite the said

C/MCA/1267/2018 ORDER DATED: 01/12/2021

injunction, the defendants have put up board in the

suit property and as such, there is a violation of

the order.

3. The complainants claim to have purchased the

suit property on 23.05.2006 namely after the decree

came to be passed. It is also stated across the Bar

that against the said judgment and decree, an appeal

was filed. On account of there being inordinate delay

of 11 years, an application for condonation of delay

was filed which was also dismissed and now the matter

is before this Court in Special Civil Application

Nos.12256 and 12257 of 2019.

4. In the light of the aforestated facts, it

has to be necessarily held that present contempt

proceedings would not be maintainable against the

respondents since the benefit of the decree for

invoking the contempt jurisdiction was available only

to the plaintiffs and on account of they having sold

the property in favour of the present complainants

and complainants having stepped into the shoes of the

plaintiffs, they would only be entitled to prosecute

their claim for sustaining the decree that has been

C/MCA/1267/2018 ORDER DATED: 01/12/2021

passed and not for prosecuting the contemnors by this

petition.

5. As such, continuation of the contempt

proceedings does not arise. Accordingly, the contempt

proceeding stands dropped. Miscellaneous Civil

Application No.1267 of 2018 stands dismissed.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) GAURAV J THAKER