GULZARILAL CHHOTALAL KHOKHAWALA Vs. ULFAT BEGUM MOHAMED HANIF

JUDGEMENT

(1.) A small impugned order exhibiting gross judicial impropriety on the part of the City Civil Court, Bombay is the subject matter of challenge in the present revision application filed under section 115 of Code of Civil Procedure, 1908 (hereinafter referred to as "c. P. C. " for short ). The impugned order dated 17th December, 1997 passed in Suit No. 2938 of 1986 being product of oral motion for speaking to minutes reads as under:

(2.) A few facts leading to the present dispute as disclosed in the present application may be noted at the outset. The original plaintiff, on 12th May 1986, filed a suit to restrain the respondents/original defendants from encroaching upon the suit property in any manner and disturbing his possession thereon. On 14th May 1986, an ad-interim injunction was granted in favour of the applicant restraining the respondents from interfering with or disturbing the possession of the applicant in relation to the suit property. The said order was confirmed by an order dated 5th January, 1987. The attempt of the respondents, to get the order modified, did not succeed as the request in this behalf was turned by an order dated 29th October, 1987.

(3.) THE original defendants along with present defendants (some of them being heirs) on the face of confirmed order of injunction, encroached upon the suit property by using physical force and covered the open space with rags, scrap materials and various other goods. The original plaintiff and his family members were given threats of dire consequences. The original plaintiff, therefore, took out notice of motion for contempt, however had expired during the pendency of the said Notice of Motion, as such his widow Smt. Parvatidevi came on record to proceed with the suit.