HAJI YUSUFBHAI SIDDIQBHAI Vs. NEW STARS DEVELOPERS ORGANIZER

JUDGEMENT

(1.) THE appellant ori. plaintiff has filed this Appeal From Order under Order-43, Rule-1 (r) of the Civil Procedure Code challenging the order and judgment dated 14. 7. 2008 passed by the learned Senior Civil Judge (S. D.), Vadodara below an application Ex. 5 in Special Civil Suit No. 59 of 2008 whereby the said application Ex. 5 was rejected.

(2.) THIS Court has passed an order on 8. 12. 2008 and observed therein after recording the statement made by Shri B. B. Naik, learned Senior Advocate appearing on behalf of respondent No. 1 and Mr. Mihir Thakore, learned Senior Advocate appearing on behalf of the respondent No. 2 at the bar that the respondent Nos. 1 and 2 shall not be any alienation of the disputed property in question and they, their agents or servants shall not put up any construction on the disputed land in question. The respondent No. 2 has filed affidavit-in-reply on 23. 12. 2008. This Court has passed further order on 24. 2. 2009 taking note of the grievance vindicated by Mr. H. R. Prajapati, learned advocate appearing for the appellant that inspite of the statement made before the Court, the concerned respondent have continued to put up construction and hence one another suit was required to be filed and panchnama was also drawn. The Court, therefore, observed that it would be open for the appellant to submit an appropriate application and if such an application was made it would be considered in accordance with law and on merits. Pursuant to the said order the appellant filed Civil Application No. 2180 of2009 requesting this Court to take appropriate action against the respondent Nos. 1 and 2 for deliberate, willful and intentional defiance of the directions given by this Court by an order dated 8. 12. 2008, 23. 12. 2008 and subsequent order passed in Appeal From Order. The appellant has also prayed for stay against the respondent Nos. 1 and 2 restraining them from further carrying out any activity on the land in question pending the admission and final disposal of the Appeal From Order. The respondent No. 1 has filed affidavit-in-reply to this Civil Application on 9. 3. 2009 disputing the averments and allegations made in the Civil Application. Similarly the respondent No. 2 has also filed affidavit-in-reply on the same date.

(3.) IN the above background of the matter, this Appeal From Order as well as Civil Applications are taken up for final hearing.