Abdullah Gulamahmed Uraizee, J.

1. The present application is preferred to review/recall of order dated 16.03.2016 passed in Civil Application No. 6510 of 2015 in Civil Application No. 4112 of 2015 in Appeal from Order No. 8 of 2012.

2. The facts as could be culled out from the order dated 16.03.2016 are that respondent No. 1 herein instituted a civil suit being Special Civil Suit No. 111 of 2011 in the court of the learned 3rd Additional Senior Civil Judge, Bhuj for quashing of two registered sale deeds dated 17.04.2010 and 12.01.2014 executed by the present applicant and others. Respondent No. 1 had also preferred exhibit 5 application for restraining the defendants, which was rejected by the trial court. Against the rejection of exhibit 5 application Appeal from Order No. 8 of 2012 is preferred in this court, which is pending. On 6th April 2015 the following order was passed:

"Mr. B.Y. Mankad, learned advocate appearing for respondents No. 10 to 12 requests for time to file affidavit-in-reply. Hence, S.O. to 18.06.2015.

Till then, the parties are directed to maintain status quo with regard to the disputed land.

Direct Service for respondents No. 10 to 13 is permitted."

3. Respondent No. 1 preferred Civil Application No. 6510 of 2015 for taking action against the present applicant and others under Order XXXIX Rule 2A of the Civil Procedure Code for having violated the aforesaid order of the status quo.

4. This Court by order dated 16.03.2016 directed the present applicants to undergo 7 days civil imprisonment and also to pay a fine of Rs. 5,000/-. The applicant is seeking review/recall of this order.

5. I have heard Mr. Mehul Shah, learned advocate for the applicant and Mr. A.R. Thakker, learned advocate for respondent No. 1.

6. The plaintiff has instituted a suit being Special Civil Suit No. 111 of 2011 before the court of the learned 3rd Additional Senior Civil Judge, Bhuj inter alia praying for cancellation of the two registered sale deeds i.e. sale deed dated 17.04.2010 and 12.01.2011 executed by the defendants. Former sale deed executed by defendant No. 1 in favour of defendants Nos. 5 to 9 and later one by defendants Nos. 5 to 9 in favour of defendants Nos. 10 to 12. The suit property consists of different survey numbers. It appears that in all the suit property consists of 8 Hectare 61 Are at the periphery of Bhuj. For consideration of this civil application, detailed reference to pleadings is not necessary. The brief list of dates in chronology would give us somewhat idea about the case of the parties.

DATE

EVENTS

19/20.12.2012

Appeal from Order No. 8 of 2012 is filed.

25.06.2013

Appeal from Order No. 8 of 2012 was ADMITTED.

15.07.2013

The defendant applied for NA permission.

01.09.2014

NA permission granted by the authority.

11.03.2015

Civil Application No. 3520 of 2015 was filed alleging that the defendants have tried to overreach the court process by obtaining NA permission. The plaintiff has prayed for interim relief however, no order was passed on this civil application. This civil application is pending.

24.03.2015

Civil Application No. 4112 of 2015 was filed with a prayer that defendants Nos. 10 to 12 be restrained from transferring and developing the suit land.

06.04.2015

The order of status-quo came to be passed in Civil Application No. 4112 of 2015.

09.04.2015

The learned trial Court rejected the plaint in Special Civil Suit No. 111 of 2011 under Order 7 Rule 11 of the Code of Civil Procedure.

15.04.2015

Civil Application No. 4894 of 2015 filed by the defendants for vacating the interim relief granted by this Court on 06.04.2015.

04.06.2015

Civil Application No. 6510 of 2015 came to be filed by the applicant wherein the say of the applicant is that despite the order of status quo of this Court the defendants have entered into registered sale transaction and thereby he has violated the order of this Court. Hence, application under Section 39 Rule 2(A) of the Civil Procedure Code.

7. On behalf of the applicants written submissions