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HIGH COURT OF GUJARAT
A.S. SUPEHIA, GITA GOPI
Jagdishbhai Dinkarrai Desai – Appellant
Versus
Urmilaben Hasmukhbhai Patel – Respondent
ORDER :
A.S. SUPEHIA, J.
1. The present application emanates from the order dated 07.04.2017 passed by this Court in Appeal from Order No.228 of 2016.
2. Learned advocate Mr.Kapadia appearing for the applicants at the outset, has submitted that despite the statement having been made on behalf of the respondent Nos.1 to 4 by learned advocate Mr.Utpal Panchal not to sell the property and not to create any right, title and interest on the property, two sale-deeds have been executed; (i) Sale Deed No.5061 dated 23.06.2020 for the first part of the property in favour of the respondent Nos.5 and 6 and (ii) Sale Deed No.5062 on the very same day for the second part of the property in favour of the respondent Nos.7 to 11.
3. Learned advocate Mr.Kapadia has further submitted that further fraud has been committed by the respondent Nos.1 to 4, while filing the affidavit dated 11.07.2021. It is submitted that, vital fact of executing another Sale Deed for the another half of the property has been suppressed by the respondent Nos.1 to 4. It is submitted that the Sale Deed is executed in contravention of the undertaking dated 07.04.2017 made before this Court and the appellants were not aware about
Executing Sale Deeds in violation of a court undertaking constitutes contempt of court, as the statements made by advocates are binding unless proven otherwise.
Willful disobedience of a court order constitutes civil contempt, and late apologies do not absolve responsibility.
Wilfully disobeyed the order of injunction – In view of the provisions of Section 22 of the Act of 1971, the provisions of the Act of 1971 are in addition to and not in derogation of the provisions o....
Civil contempt occurs when a party knowingly contravenes court orders, resulting in the deprivation of rights for another party involved in litigation.
The judgment emphasized the importance of wilful disobedience and sincere apologies in contempt cases, highlighting the need for genuine remorse and contrition.
The main legal point established is that intentional defiance of court-ordered injunctions, fraudulent actions, and misleading statements constitute contempt of court.
Intent is essential for establishing contempt; mere disobedience is insufficient without a wilful disregard for court orders.
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