RANCHHODDAS KARSONDAS RANGWALA Vs. NALINCHANDRA GORDHANDAS SOPARKAR

JUDGEMENT

(1.) This Contempt Petition was disposed of on August 20, 1996. Against the said decision, Petitioners carried the matter in Appeal before the Supreme Court. The Supreme Court by order dated July 21, 1997 has relegated the parties before this Court with direction to examine the issues afresh on the basis of all relevant materials on record.

(2.) Briefly stated, in the Contempt Petition as filed, the Petitioners assert that the Respondents have wilfully disobeyed the order of this Court dated 19th October 1995 passed in Appeal from Order No.1140 of 1995. The said Appeal from Order was filed against the decision of the City Civil Court restraining the Petitioners from interfering with the development work undertaken by the Respondents 1 and 2/original Plaintiffs on the plot owned and occupied by them. That relief was granted while allowing Notice of Motion No.1434 of 1995.

(3.) The Respondents 1 and 2 had filed Suit before City Civil Court, asserting that they were seized and possessed of property bearing CTS No.4B of Village Hariyali Adishankar Chhaya, Powai, Mumbai, as per the plans annexed to the Plaint. It was the case of Respondents 1 and 2 in the said Suit that Petitioners/Defendants were causing obstruction, interference and/or preventing them from carrying on development activities on the suit property. As mentioned earlier,