JAMNADAS BHAICHAND SHAH Vs. BHAVNABEN NANUBHAI

JUDGEMENT

(1.) By this application three applicants the decree- holders of a decree in H.R.P. Suit no. 202 of 1979 of the Court of Small Cause Ahmedabad passed against the respondent no. 1 Bhavnaben for the recovery of the premises pray that in the interest of justice respondent no. 1 Bhavnaben and her husband Nanubhai Mohanlal Banker respondent no. 2 herein be suitably dealt with under the provisions of the Contempt of Courts Act 1971 in so far as they had failed to abide by the courts order dated 2-4-81 and the undertaking filed by them in that regard.

(2.) A few facts require to be stated. After the decree had come to be passed execution was attempted to be effected. At that stage present respondent no. 2 Nanubhai husband of Bhavnaben obstructed the execution on the ground that he was the tenant of the suit premises and not his wife Bhavnaben. The matter ultimately came to this High Court in Civil Revision Application no. 425 of 1981 filed by respondent no. 2 Nanubhai the executing court not having upheld his alleged ground of obstruction. Incidentally the matter had come up before me sitting as the Single Judge on 2-4-81. I had rejected that application. At that time both these respondents prayed for time to vacate and so I had passed the following order:

(3.) Then the matter was again brought to this court on 24-4-81 because amount that was ordered to the deposited within 15 days from 2 was not deposited despite extention of time by me upto 21-4-81 for making the payment of the amount of mesne profits. On that day that is on 24-4-81 I had passed an amplificatory order which inter alia mentions as follows :