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2024 Supreme(SC) 201

B. R. GAVAI, RAJESH BINDAL, SANDEEP MEHTA
Shah Enterprises through Padmaben Mansukhbhai Modi – Appellant
Versus
Vaijayantiben Ranjitsingh Sawant – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Amar Dave, Sr., Adv. Mr. Pradhuman Gohil, Adv. Mrs. Taruna Singh Gohil, Adv. Mr. Vikash Singh, AOR Ms. Ranu Purohit, Adv. Mr. Alapati Sahithya Krishna, Adv. Mr. Mr. Rushabh N. Kapadia, Adv. Mr. Mohit Prasad, Adv. Mr. Siddharth Singh,, Adv.
For the Respondent(s): Mr. Nachiket Anil Dave,Adv. Ms. Priyanka Das, Adv. Mr. Anirudh Sanganeria, AOR

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The present appeal arises out of the order dated 9th December 2015 passed by the Division Bench of the High Court of Gujarat at Ahmedabad in Misc. Civil Application (For Contempt) No. 3364 of 2015, thereby dismissing the said Contempt Petition filed by the present appellant.

FACTS

3. The facts, in brief, giving rise to the present appeal are as under:

    3.1 In the years 1953-54, the land bearing Survey Nos. 505, 506, and 507 was given on lease to one Bapusaheb Bajirao Sawant by one Nawab Mir Fakruddin Hussein Khan Vigore and three others (“the Original Owners”) for 99 years.

    3.2 In the year 1956, the said lease deed was cancelled by the Original Owners by way of a notice.

    3.3 In the year 1969, the land in question was bought by 67 persons. However, the sale deed was originally executed in the name of four persons. The land in question was subsequently divided into 67 divisions.

    3.4 In the year 1972, after the death of Bapusaheb Bajirao Sawant, his legal heirs including one Ranjitsingh Bapusaheb Sawant filed Special Civil Suit bearing Nos. 23, 24, and 25 of 1972 in the Court of the Civil Judge (S.D.) Surat, claiming possession over the land in que

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