NATVARLAL DEVCHANDBHAI KABRAWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present contempt petition under the provisions of Contempt of Courts Act, is filed under Article 215 of the Constitution of India read with provisions under the Contempt of Courts Act, for seeking the following reliefs :-

(2.) The background of fact which has given rise to this petition is that a dispute arose with respect to land bearing Survey No. 72/1 admeasuring 1 acre 15 gunthas at Vesu village District Surat. The original owner of the said land was one Shri Rustomji Hormasji. On 21/8/1985 the said original owner has executed an agreement to sell along with possession in favour of the applicant after receiving entire sale consideration of Rs.40,401.00 and since then, the applicant is stated to be in possession. On 29/8/2022, the applicant filed a civil suit being Special Civil Suit No. 176 of 2022 in the court of learned Senior Civil Judge, Surat through Power of Attorney Holder inter alia seeking relief of specific performance of agreement to sell dtd. 21/8/1995 and had also prayed for declaration and injunction. The applicant had also filed an application for interim relief as well as application for appointment of Court Commissioner. However, with a view to pressurize the applicant to withdraw the suit, a complaint came to be filed.

(3.) Upon unilateral version, at the time of first hearing, a written report was produced before this Court by learned Additional Public Prosecutor and had passed the following order:-