NARESHBHAI HATHISING SHAH Vs. DINABEN JITENDRABHAI THAKAR

JUDGEMENT

(1.) AT the outset it is required to be noted that present case is a glaring example of taking the interim order / injunction granted by the High Court and selling the land in absolute breach of the injunction granted by this Court and it shows that the concerned opponents more particularly opponent No.11 has no respect of the Court and the Court's order and as such the opponent No.11 has changed the story / stand from time to time and as such played game with the Court and the court proceedings.

(2.) PRESENT application has been preferred by the applicants herein original appellants original plaintiffs to initiate appropriate proceedings against the opponent Nos.1 to 6 and 11 for committing the breach of this Court's order/interim order dated 06.10.2010 passed in Civil Application No.4816/2008 in First Appeal No.1996/2008, under the provisions of the Contempt of Courts Act. It is also further prayed to quash and set aside the registered sale deed dated 22.11.2012 [Annexure C] executed by opponent No.6 herein as a power of attorney holder of opponent No.11 [original owner of the lands in question] in favour of opponent Nos.1 to 5 for sale of land bearing survey No.380 admeasuring about 5,80,000 sq. meter and to declare that the aforesaid registered sale deed dated 22.11.2012 executed by the opponent No.6 herein as a power of attorney holder of opponent No.1 in favour of opponent Nos.1 to 5 herein for sale of the land bearing survey No.380 admeasuring 5,80,000 sq. meter is void as the same is in the teeth of the High Court stay order dated 06.10.2010 passed in Civil Application No.4816/2008 in First Appeal No.1996/2008.

(3.) FACTS leading to the present civil application and the chronological dates of events which are necessary to appreciate how the concerned respondents more particularly the opponent No.11 herein has played the mischief and which are necessary while deciding the present application in nutshell are as under: