BHARAT S SHAH Vs. RAJKUMAR JUGALKISHORE SARAF

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The appellants are the original respondents in Contempt Petition No. 230 of 2005 who have preferred this appeal being aggrieved by the decision of the learned single Judge having issued rule in the matter of contempt proceedings initiated by the respondents. The brief facts leading to the filing of the Contempt petition can be summed up as under :-

(3.) The contempt petition stems out of litigation between the parties filed in the Small Causes Court at Bombay. The appellants (original plaintiffs) hereinafter referred to as the 'owner' initiated proceedings agairtst the respondents (original defendants) hereinafter referred to as the 'tenant' in the small Causes Court for eviction. In the course of the proceedings, consent terms came to be drawn between the parties pursuant to which the tenants vacated the demised premises to enable the plaintiffs/owners to develop the property on the condition that the defendants/tenants would be provided two flats on the 7th floor in the said building. The consent terms came to be accepted by the Court by its order dated 4th August, 1998. The Court passed an order taking the consent terms on record which came to be marked Exhibit 'a' and the undertaking given by the plaintiffs in paras 6, 9 and 10 of the consent terms and the undertaking given by the defendants in para 6 of the consent terms came to be accepted by the court and the suit was disposed of with no order as to costs.