SAMIMBANU Vs. KALPANABEN

JUDGEMENT

(1.) The two writ petitions, actually and in substance involve and raise, inter alia, the issue regarding non-compliance or breach of the earlier order passed by the Court, which is neither set aside nor stayed, until now, in any proceeding. By the order impugned in the petitions the learned Court has directed the concerned defendants-present petitioners-to comply the earlier order dated 20.1.2010.

(2.) In both the petitions, the order under challenge is common, the respondents are common, the subject matter is common and the cause of dispute is almost similar. Therefore, with the consent of the learned advocates for the contesting parties, both the petitions are heard and decided by this common judgment. The concerned Counsel have made the submission with the understanding that the petitions are to be heard and decided finally. Rule. Mr.Kapadiya, learned advocate for the contesting opponent has waived Notice of Rule in both the petitions.

(3.) The petitioner in SCA No. 10105 of 2010 is the original defendant No. 1 and the petitioner in SCA No. 10573 of 2010 is the defendant No. 4 in the Regular Civil Suit No. 583 of 2009 from which these petitions arise. For the sake of convenience the contesting parties are referred to as per their said position in the suit i.e. as defendant No. 1 and defendant No. 4 and present opponent No. 1 (in both the petitions) is referred to as the plaintiff. The original defendant No. 1 in the suit is the owner of the suit premises.