RAMA KRISHNA SARMALKAR Vs. KRISHNA BABU KINLEKAR

JUDGEMENT

(1.) HEARD Shri S.G. Dessai, the learned Senior Counsel appearing for the petitioner, Shri A.D. Bhobe, the learned Counsel appearing for respondents no.1 to 4 & 7 to 13 and Shri D. Pangam, the learned Counsel appearing for respondent no.14.

(2.) THE petitioner has filed the above contempt petition complaining that the sale deed has been executed on 15/09/2005 in breach of the orders passed by this court dated 31/08/2005.

(3.) I have carefully considered the submissions of the learned Counsel as well as the order stated to have been breached by the said respondents. On perusal of the said order this Court had passed an order to maintain status quo. The dispute which was under consideration by this Court was a matter of injunction whereby the petitioner had sought relief to restrain the respondents from interfering in the suit property. In the light of the said reliefs the order of status quo came to be passed. Once an order of status quo was passed in the background of the dispute between the parties, I find prima facie the respondents were not justified to execute such sale deed. But however taking note of the contentions of the learned Counsel appearing for the said respondents that the execution of the said sale deed was not intentional and at para 1 of their affidavit they have categorically stated that they had no intention whatsoever to disrespect the majesty of this Court and as they have tendered an unconditional apology and as it is also reported that the petitioner has already expired, I find it appropriate that in view of the fact that the petition is pending for such a long period of time the same may be disposed of by accepting the said apology. The apology given by respondents no.1 to 4 & 7 to 13 at para 1 is accepted. As such, the above contempt petition stands disposed of subject to the said respondents depositing a sum of Rs.1,000/- with the Goa State Legal Services Authority within a period of two weeks.