DINESHBHAI MANILAL PATEL Vs. SPECIAL SECRETARY

JUDGEMENT

(1.) This contempt proceedings has been initiated for alleged willful disobedience of the order dtd. 1/8/2019 passed in Special Civil Application No.12038 of 2019, where-under this Court while disposing of said Special Civil Application had passed the following order:-

(2.) It is the grievance of Mr. Rutvij Oza, learned counsel appearing for the complainants that despite the order of status- quo, contemner Nos.4 to 7 have mortgaged the subject property and have put up a compound wall, securing the said subject property and as such, there is violation and willful disobedience of the order of status-quo.

(3.) In fact, we notice from the order dtd. 1/8/2019 as to what is the status of the property has not been explained. Be that as it may. Fact remains that contemner Nos.4 to 7 have put up a compound wall securing the property and it would be in the best interest of both the parties which cannot be construed as respondent Nos.4 to 7 having acted contrary to the order of status- quo. Had there been any construction put up on the subject property by way of a building or otherwise, this Court would have definitely taken cognizance of the said contemptuous act to proceed against respondent Nos.4 to 7. Such a situation having not arisen, it cannot be held that there is willful disobedience of the order of status-quo by contemner Nos.4 to 7.