JUDGMENT

C.K. Thakker, J. -

1. The present contempt petitions are filed by the petitioners against respondent Nos. 1 to 3, alleged contemners, praying that they be held guilty of `civil contempt for violating orders passed by this Court on April 26, 2004 and on January 10, 2005 and be punished accordingly. A prayer is also made directing the contemners to deposit the amount received from third parties in consideration of transfer of property effected by them during the period of interim orders of this Court.

2. Shortly stated the facts of the case are that petitioners and respondent Nos. 1, 4 and 5 (in Special Leave Petitions) are real brothers and heirs and legal representatives of one Dhulabhai Patel. It was the case of the petitioners that in 1961, one Chandulal Muljibhai Parikh and Dhulabhai Patel (father of petitioners and respondent Nos. 1, 4 and 5) purchased land bearing Revenue Survey Nos. 459/2, 464, 465, 466/1 and 466/2 admeasuring 6 acres and 9 gunthas of village Atladara, Taluka and District Baroda in the State of Gujarat from one Parvatibai Ingle by a registered sale deed. According to the petitioners, the amount of consideration was paid from the funds of Hindu Undivided Family (HUF) of Dhulbhai Patel, but name of respondent No. 1 Chandrakant Dhulabhai Patel was shown as the purchaser of the property being the eldest son of decdeased Dhulabhai Patel along with Chandulal Muljibhai Parikh. Respondent Nos. 4 and 5 were minors at that time. Respondent No. 1, Chandrakant Dhulabhai Patel was also studying in a college and was having no source of income whatsoever. The entire amount was paid by deceased Dhulabhai. According to the petitioners, several documents revealed that the property was managed by HUF of Dhulabhai Patel. In October, 1986, Dhulabhai died. No partition by metes and bounds had been effected between the sons of deceased Dhulabhai and the property continued to remain as HUF property. The petitioners used to manage property after the death of Dhulabhai.

3. In 1990, a Memorandum of Understanding (MoU) was entered into between respondent No. 1, Chandrakant Patel, being eldest son of Dhulabhai Patel family on one hand and heirs of deceased Chandulal Parikh on the other hand whereunder it was agreed that a portion of land towards western side would be treated as property of deceased Dhulabhai Patel and his family members.

4. In 1998, however, respondent No. 1 in conspiracy with third party and behind the back of the petitioners and respondent Nos. 4 and 5 executed an agreement to sell the share of HUF property belonged to the petitioners and other members of deceased Dhulabhai Patel. A collusive suit came to be filed by respondent Nos. 2 and 3 (partners of M/s Om Shivam Corporation) in the Court of Civil Judge (Senior Division), Baroda, being Special Civil Suit No. 311 of 1999 for specific performance of agreement, dated January 18, 1998 against respondent No. 1 and within less than a month, a collusive and fraudulent consent decree was passed. The petitioners were neither aware of the suit nor the decree passed therein. It was only when a caveat was filed by M/s Om Shivam Corporation, a partnership firm that the petitioners suspected foul play. They, therefore, made an inquiry and came to know about the suit and collusive decree. Immediately, they filed a suit being Special Civil Suit No. 605 of 2002 in the Court of Civil Judge, (Senior Divison), Baroda for declaration, partition of joint family property and their share in the said property. Along with the plaint, the petitioners filed an application (Exh. 5) under Order XXXIX, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as `the Code) for interim injunction restraining the defendants from putting up any construction on the land admeasuring 1,43,000 sq. ft. towards western side of the land bearing Revenue Survey Nos. 459/2, 464, 465, 466/1 and 466/2 and from entering into any transaction of sale, gift, mor