JAMNABEN WIFE OF HARAKCHAND SHAH Vs. MANJULABEN

JUDGEMENT

(1.) BY this contempt petition the present petitioner pray that the respondents who have committed wilful and intentional breach and disobedience of the undertaking given by them before this Court on 11-4-94 be held guilty for civil contempt and committed to civil prison for a period of six months or for such period as this Court may deem fit and proper.

(2.) SHRI Harakchand P. Shah, filed a suit for possession/eviction against Shri. Harkisandas Vrindawan in the City Civil Court in the year 1976. After protracted trial for more than sixteen years on 26-10-1993, the said suit was decreed by the trial Court and decree for eviction was passed in favour of Shri. Harakchand P. Shah. Harkisandas Vrindavan preferred appeal before this Court. During pendency of appeal Shri Harkisandas as well as Shri Harakchand died. The present petitioners were substituted as legal representatives of Shri Harakchand as respondents in the appeal and the present respondents-contemnors and one Shri Hemal were impleaded as legal representatives of Shri Harkisandas-appellant. The legal representatives of Shri Harikishandas are his wife, sons and daughters respectively. In the appeal aforesaid parties arrived at the compromise and according thereto the contemnors and Hemal were granted almost two years time upto 7-1-96 for vacation of the premises and putting the decree holders in possession and therefore parties submitted minutes of the consent order on 11th January, 94 which read thus:

(3.) PURSUANT to the minutes of the consent order the present contemnors respondents as well as another son of Contenmor No. 1 Hemal Harkisandas filed an undertaking before this Court which reads thus: we, (1) Manjulaben Harkisandas, (2) Mayur Harkisandas, (3) Hemal Harkisandas, (4) Dipika Harkisandas, (5) Bakula Harkisandas, (6) Pragnya Harkisandas residing at Room No. 7, Kantilal Chawl, Nahatum Gandhi Road, Borivli (East), Bombay- 400 086 and (7) Jyoti Vijay Mandavis, residing at 03-A, Borivali Shopping Centre, Chandavarkar Lane, Borivli (West), Bombay - 400 092, each of us do hereby jointly and severally, solemnly affirm and declare as follows: