L.H. Of Decd. Modia Chhotalal ... vs Banuben D/O Umravbibi Wd/O ...
2022 Latest Caselaw 171 Guj

    C/MCA/2777/2017                         ORDER DATED: 05/01/2022




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/MISC. CIVIL APPLICATION NO. 2777 of 2017

=============================================
              L.H. OF DECD. MODIA CHHOTALAL MANSUKHLAL
                                    Versus
    BANUBEN D/O UMRAVBIBI WD/O HUSSENBHAI NABIBUX KUNJDA & 6
                                   other(s)
=============================================
Appearance:
MR YM THAKKAR(902) for the Applicant(s) No. 1,1.1,1.2
DHARA P BHATT(7530) for the Opponent(s) No. 6.2.1
MR VIKRAM J THAKOR(2221) for the Opponent(s) No.
5.1.1,5.1.2,5.1.3,5.1.4,6.2.2
MR. PARTH H BHATT(6381) for the Opponent(s) No. 6.2.1
NOTICE SERVED(4) for the Opponent(s) No.
1,2.1.1,2.1.2,2.1.3,3.1,4.1.1,4.1.2,4.1.3
UNSERVED EXPIRED (N)(9) for the Opponent(s) No. 6.1,7
=============================================

 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                        Date : 05/01/2022
                          ORAL ORDER

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

This contempt proceedings have been initiated on the

premise that in respect of the property belonging to the

complainant, there are repetitive orders passed and yet

undaunted by such judgment and decrees the respondent

contemnor is filing cases after case and as such it amounts

to abuse of process of law and hence, the contemnor should

be tried for having abused the process of the Court by

initiating contempt proceedings.

C/MCA/2777/2017 ORDER DATED: 05/01/2022

Mr. Y. M. Thakkar, learned counsel appearing for the

complainant would fairly admit that there is a Letters Patent

Appeal No. 1231 of 2016 pending before this Court in

respect of the property in question. If that be so, the

appellants - the complainants would be at liberty to

prosecute the said Letters Patent Appeal if necessarily by

filing an application for early hearing and in the event of

such application being filed, the Court before which the

Letters Patent Appeal is pending would consider the same

on merits and in accordance with law. Subject to the

aforesaid observations, contempt proceedings stands

dropped. We make it clear that we have not expressed any

opinion on merits of the case.

Learned counsel appearing for the respondent would

also fairly concede that if such an application is filed, he

would express his no objection for Letters Patent Appeal being

taken up on priority basis. His submission is placed on record.

(ARAVIND KUMAR, C.J.)

(ASHUTOSH J. SHASTRI, J.) DHARMENDRA KUMAR