YASMEEN FAKIR MOHD SHAIKH Vs. ANIB DMONTE

JUDGEMENT

(1.) This is an Appeal against an ad-interim order passed by the learned single Judge restraining the Appellant/Respondent No.11 from executing a decree dated 30.4.1997 passed by the Bombay City Civil Court in S.C. Suit No.955 of 1982 even though the decree was confirmed by this Court and by the Supreme Court.

(2.) The facts of this case compel us to interfere with an ad-interim order. The only ground on which the order has been passed is the pendency of the above Petition for probate of a Will. There is no discussion in the impugned order whatsoever on merits. The Respondent has not only committed contempt of an order of this Court but also violated an undertaking given to the Supreme Court to vacate the premises in respect whereof he has not a semblance of a right and has been declared to be a trespasser. The Appellant is the owner of the premises.

(3.) It is not necessary to set out the facts involved in the proceedings we will now refer to. It is sufficient to note the orders therein.