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2021 Supreme(Bom) 346

A.S.CHANDURKAR, PUSHPA V.GANEDIWALA
Kamrunisha wd/o Mohd. Umar – Appellant
Versus
Karorabai W/o Matafer Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri U.P.Dable, Advocate
For the Respondent:Shri P.P.Kothari, Advocate

JUDGMENT :

A.S.Chandurkar, J.

Admit. Heard learned counsel for the parties.

The appellants who have been held guilty of contempt for wilful disobedience of the orders passed by this Court dated 10.04.2006 and 08.02.2008 in First Appeal No.45/2006 have challenged the judgment dated 04.10.2016 passed in Contempt Petition No.165/2013, in this appeal filed under Section 19 of the Contempt of Courts Act, 1971 (for short, ‘the said Act’). While the appellant nos. 1, 4, 7 to 9 have been sentenced to pay a fine of Rs.2,000/- each, the appellant nos.3, 5 and 6 have been sentenced to undergo simple imprisonment for 15 days and to pay fine of Rs.2,000/- each within ten days, in default with further simple imprisonment for a period of one week.

2. The facts giving rise to the contempt proceedings are that one Mohammad Samad had filed R.C.S.No.2259/1992 which was re-numbered as S.C.S.No.139/1999 seeking a declaration that the sale deed executed in favour of the respondent no.1 on 03.09.1991 was not binding on him. This suit was decreed on 17.12.2005. The respondent no.1 herein challenged this judgment by filing First Appeal No.45/2006 in this Court. On 10.04.2006 the Court accepted the statement ma

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