GOOL MANECK PARDIWALLA Vs. SUNNU SOHRAB PARDIWALLA

JUDGEMENT

(1.) PRESENT contempt petition has been preferred by the petitioners herein for an appropriate action under the Contempt of Courts Act against the respondents herein for willful and deliberate disobedience of the consent decree passed by the learned Civil Judge (SD), Valsad in Special Civil Suit No. 69 of 1990 dated 26/4/1996 and to punish them in accordance with law.

(2.) FACTS leading to the present application, in nutshell, are as under :

(3.) THAT the present application came to be admitted by this Court and thereafter Charge was to be framed against the respondents for contempt and the matter was heard at length by this Court on 3/10/2013 and this Court heard Mr.R.R. Marshal, learned Senior Advocate appearing on behalf of the petitioners, Mr.Pradeep Patel, learned advocate appearing on behalf of the respondent No.1 ­ original plaintiff, Mr.Mukesh Patel, learned advocate appearing on behalf of the respondent No.2 and Mr.Dhaval D. Vyas, learned advocate appearing on behalf of the respondent Nos.3 and 4. After the matter was argued at length on 3/10/2013, Mr.Mukesh Patel, learned advocate appearing on behalf of the respondent No.2 and Mr.Dhaval D. Vyas, learned advocate appearing on behalf of the respondent Nos.3 and 4 made a statement at the bar under the instructions from the respective clients who were personally present in the court that their respective clients are ready and willing to reverse the transactions which were in their favour pursuant to the sale deeds dtd. 5/4/2010 and 28/4/2010, without prejudice to their rights and contentions to recover the amount of considerations paid by them from their respective vendors and they are ready and willing to declare the same on affidavit. Therefore, this court passed the following order on 3/10/2012 :