RAJENDRA PRASAD Vs. RAJA RATAN GOPAL SAINCHAR

JUDGEMENT

(1.) The petitioners in this Contempt's Case are the respondents in Letters Patent Appeal No. 239 of 1986 which was filed against the Judgment in a first appeal. That appeal arose out of a suit for specific performance of an agreement of sale dated 28-1-1974 in respect of a building situate in premises No. 23-6-7 & 9, Shah-ali-bande. Hyderabad. The suit for specific performance was decreed by the appellate court reversing the judgment of the trial Court. Aggrieved by the same, respondents herein filed the Letters Patent Appeal. Pending the Letters Patent Appeal, the appellants (respondents herein) filed an interim application to stay the execution of the decree in O. S. No. 544 of 1975 on the file of IInd Additional Judge, City Civil Court, pursuant to the Judgment and decree dated 9-9-1986 passed in the appeal. A Division Bench of this Court stayed the execution and further ordered as follows :

(2.) The present contempt case was filed on 5-10-1994 alleging that on 30-9-1994, on inspection from the neighbour's house, a major part of the building was without roof and only the walls stood. He further learnt that the second respondent left the 'palace' and respondents 3 and 4 were residing in a corner room of the same bungalow. He caused publication of a notice in the newspapers-Deccan Chronicle and Siasat on 4th and 5/10/1994. Immediately thereafter, this contempt case was filed alleging that the respondents by causing demolition of the building have flouted the order of this Court and committed contempt of Court. It is alleged that by virtue of the demolition, the antiquity and special features of the old palace are irretrievably lost.

(3.) In the counter affidavit sworn to by the 2nd respondent and filed on behalf of all the respondents, it is stated as follows, with reference to the averments in para-4 of the affidavit filed in the contempt case :