JITENDRABHAI BHIKHABHAI BAMBHANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned advocate Mr. Kuldeep D. Vaidya waives service of notice of rule on behalf of respondent No.2. Learned APP wavies service of notice of rule on behalf of respondent No.1.

(2.) Heard learned advocate Mr. Harshad K. Patel for the petitioner and learned advocate Mr. Kuldeep D. Vaidya for the respondent No.2 and learned APP Mr. K. P. Raval for the respondent State.

(3.) Petitioner herein is original accused whereas respondent No.2 is original complainant. Petitioners have challenged the judgment and order dated 18.02.2016 in Criminal Appeal No. 56 of 2015 passed by the learned 3rd Additional Sessions Judge of Bhavnagar whereby judgment and order dated 05.08.2015 in Criminal Misc. Application No.580 of 2013 has been quashed and set aside and thereby several reliefs have been granted in favour of respondent No.2 viz. (1) directions to the petitioners to allow the respondent No.2 to stay in the house where she was residing with her husband and children and restraining them to disturb her residence in such house. (2) petitioners are also directed to hand over one of the shops, details of which is disclosed in the the impugned judgment to the respondent wife, where her husband was carrying out his business and to transfer it in the name of respondent and her children as successor of her husband. (3) it is further directed to the police inspector of Mahuva Police station to extend all bandobast to execute such order. However, it is made clear that civil rights of the parties would not be disturbed because of such directions.