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2021 Supreme(Guj) 1057

ARAVIND KUMAR, ASHUTOSH J.SHASTRI
KANTILAL MOHANBHAI ZALAWADIA – Appellant
Versus
JIVANBHAI PARSHOTTAMBHAI PATEL – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR JV JAPEE
For the Respondent: MR DAKSHESH MEHTA, MR JA ADESHRA, MR NV GANDHI

ORDER :

ARAVIND KUMAR, J.

1. These two contempt petitions or applications are taken up together since order passed in one of the petitions will have direct bearing on the other.

2. We have heard Shri J. V. Japee, learned counsel appearing for the complainant in both the petitions and Shri Dakshesh Mehta, learned counsel appearing for respondent No.1, Shri N. V. Gandhi, appearing for respondent No.2 and Shri J. A. Adeshra, learned advocate appearing for respondent No.3. We have perused the case papers.

3. These two applications have been pending for the last 11 years 2 months and on account of Registry having been directed by this Court to list all old matters, these two matters have seen the light of the day, namely, they have come on board and as such fervent request made by learned counsel for the complainant for grant of adjournment has been refused on the ground that these matters are pending from last one decade.

4. The facts shorn of unnecessary details can be crystallized as under:-

    4.1 The complainant herein filed a suit for specific performance against the first respondent herein in Special Civil Suit No.23 of 2009 (re-numbered as Special Civil Suit No.12 of 2017) which is stil

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