KISHIN T. PANJABI Vs. SURESH KOTHARI

JUDGEMENT

(1.) This contempt petition is filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, praying this Court to secure the presence of the accused and to punish him for having willfully disobeyed the order dated 8.6.2017, passed by this Court in M.F.A.No.7719 of 2016 connected with M.F.A.No.6323 of 2016.

(2.) The complainant herein had instituted a suit in O.S.No.10415 of 2015 seeking the relief of injunction and other reliefs as against the accused. The complainant had also filed I.A.Nos.1 and 2 seeking a direction to the accused herein to restore the water connection and for temporary injunction respectively, against the accused. The Trial Judge, by order dated 22.8.2016, was pleased to allow I.A.No.1 directing the accused to restore water connection and rejected I.A.No.2 seeking the relief of temporary injunction. Being aggrieved by the rejection of I.A.No.2, the complainant preferred M.F.A.No.6323 of 2016 and the accused herein had preferred M.F.A.No.7719 of 2016 challenging the order of allowing I.A.No.1 before this Court.

(3.) This Court clubbed both the M.F.As. and passed a common order dated 8.6.2017, directing the accused herein to stop the construction activity in the schedule property. However, the accused despite the said order, continued with the construction and willfully disobeyed the order of this Court. Hence, the present contempt petition is filed.