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BOMBAY HIGH COURT
A.P. Lavande, J
Margao Municipal Council and Another v. Pandurang Kusta Alve and Others
| Table of Content |
|---|
| 1. nature of the initial order and its implications. (Para 1 , 2 , 3) |
| 2. arguments regarding the allegations of disobedience. (Para 4 , 5 , 6) |
| 3. discussion on the nature and scope of injunctions. (Para 7 , 8 , 9) |
| 4. clarification on the validity of contempt proceedings. (Para 10 , 11 , 18) |
| 5. final ruling and implications of the judgments. (Para 19) |
1. This revision arises from the Order dated 29th December, 1998 passed by the Addl. District Judge, Margao in Misc. Civil Appeal No. 31/98 whereby the lower Appellate Court has dismissed the said appeal filed by the petitioners herein. The said appeal was against the order dated 29th April, 1998 passed by the Civil Judge, Junior Division, Margao in Civil Misc. Appln. No. 247/97 / E and Civil Misc. Appln. No. 362/97 / E in Regular Civil Suit No. 49/1973 / E, whereby the trial Court in exercise of the powers under O.39, R.2A of C.P.C. had directed the petitioners to re - erect the suit shops and to restore them in the condition in which the same were existing prior to the demolition on 22nd July, 1997 within thirty days of the order, failing which the petitioner No. 2 has been ordered to be detained in prison for a period of
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