IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 254 of 2024 In R/SPECIAL CIVIL APPLICATION NO. 10267 of 2013 =========================================================

BHODARBHAI VICCHIYABHAI PARGI Versus PANGLABHAI KHATRABHAI DAMOR =========================================================

Appearance:

MR BJ TRIVEDI(921) for the Applicant(s) No. 1,2 MR JT TRIVEDI(931) for the Applicant(s) No. 1,2 MS JIGNASA B TRIVEDI(3090) for the Applicant(s) No. 1,2 for the Opponent(s) No. 1,2,3 =========================================================

CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI and HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN Date : 01/02/2024 ORAL ORDER (PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

[1] This Misc. Civil Application No.254 of 2024 in Special Civil Application No.10267 of 2013 is filed by the applicants (Applicant No.2 is deleted as she is not a necessary party in the matter, as mentioned in the cause-title by the applicant).

[2] By filing this application, the applicant sought to invoke jurisdiction of this Court under the Contempt of Courts Act, 1971 (for short “the Act”) requesting to take action for contempt under “the Act” against the respondents herein.

Surprisingly, respondent No.3, who is District Superintendent of Police of District – Dahod, was neither the party to the suit or the Appeal or the proceedings before this Court in the aforesaid Special Civil Application, he has been joined as party respondent, which is according to us, not necessary at all to be joined as party respondent in this proceedings.

[3] Respondent Nos.1 and 2 herein filed Special Civil Suit No.34 of 2010 in the Court of 03^rd Additional Senior Civil Judge, Dahod, District – Dahod, against the applicant as also one Bai Khetiben Kidiyabhai Damor for declaration and permanent injunction. At the same time, vide application Exhibit – 5, they prayed for interim injunction against the applicant and one another. On summons being issued and served, applicant along with another filed an application Exhibit -13, praying for counter injunction against the plaintiff praying to prevent them or their servants, agents from entering upon the suit land or any way interfering with the use of the same for the purpose of agriculture. Both the applications, Exhibit -5 filed by respondent Nos.1 and 2 and Exhibit – 13 filed by the applicant and one another for counter injunction against respondent Nos.1 and 2 herein, came to be rejected by common order dated 11.08.2011 passed by 03^rd Additional Senior Civil Judge, Dahod.

[4] However, as coming out from the record, the applicant along with another preferred an appeal being Civil Misc. Appeal No.37 of 2011 challenging the order refusing counter injunction against the original plaintiffs i.e. respondent Nos.1 and 2. The learned Principal Judge, Dahod, vide judgment and order dated 08.05.2013, dismissed the Civil Misc. Appeal confirming the order passed by the learned Judge below Exhibit – 13. The applicant along with another carried it further and filed Special Civil Application No.10267 of 2013, wherein this Court, after hearing the learned advocate for the petitioner, admitted the same and granted interim relief in terms of para 6 (B) till the final decision of the petition aforesaid. Though memo of aforesaid petition being Special Civil Application No.10267 of 2013 is not produced along with this application, learned advocate for the applicant tendered it for the perusal of the Court wherein para 6 (B) reads as under:

“6 [b] to stay the operation, execution and enforcement of the judgment and the order delivered at exh. 16 in Misc. Civil Appeal No.37 of 2011 by the learned Principal District Judge, Dahod, on 08-05-2013 and to grant injunction, as prayed for in the application [exh. 13] in Special Civil Suit No.34 of 2010, presently pending in the Court of the learned 3^rd Additional Senior Civil Judge, Dahod, District Dahod, pending the final disposal of the present petitio