KETANKUMAR HASMUKHLAL SHAH Vs. KANUBHAI SOMESHWAR DAVE

JUDGEMENT

(1.) The present application has been filed under the provisions of Contempt of Courts Act, 1971 seeking following reliefs:

(2.) The applicant - original respondent has submitted that in view of the fact that opponents having administered threats and disturbances to dispossess the applicant for getting their rental premises of shop, situated at ground floor on the main road, bearing City Survey No.2879, Municipal No.2420/2, Old No.2053, situated at - Dakor, Taluka - Thasra, District-Kheda and having apprehended that without due process of law, the deceased brother of applicant filed a Regular Civil Suit No.6 of 2005 before the learned Civil Judge, Dakor for deciding the rent dispute and declaring the opponents as landlords and the applicant and his deceased brother as the tenants of the premises in question, let out since more than four decades. In the said suit proceedings, the settlement took place on 01.03.2005 between the parties and as a part of said settlement, a pursis was filed below Exh.17 on the terms, which are deduced in it, and accordingly, a consent decree came to be passed by the learned trial Judge. The said consent decree reads as under:

(3.) Pursuant to the said settlement, the possession is also handed over to the opponents on 04.03.2005 purely with a view to see that reconstruction, which was required to be undertaken, takes place and possession thereof to be returned back within 60 days after is reconstructed. The time limit came to be over on 04.05.2005, but the possession had not been handed over. Since the said act on the part of the opponents is not in consonance with the terms of settlement, which culminated into a consent decree, a Darkhast / Execution Petition No.27 of 2005 was required to be filed before the learned Principal Civil Judge, Dakor, in which, an order came to be passed on 17.01.2007, whereby, only mesne profit of Rs.5,000/- per month was allowed to the applicant and no re-possession of the subject shop. Since, this order dated 17.01.2007 is in complete deviation to the terms of settlement decree, the applicant preferred a Civil Misc. Appeal No.80 of 2008 before the learned Principal District Judge, Kheda, who passed an order on 03.09.2011. The operative part of the said order reads as under: