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(2025) Law Today Live Doc. Id. 19932 = 2025 :GUJHC: 14682
In R/Second Appeal No. 121 of 2010
Decided on: 05.03.2025
Alongwith
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2024 In R/MISC. CIVIL APPLICATION NO. 896 of 2023,
CIVIL APPLICATION (FOR ORDERS) NO. 2 of 2024 In R/MISC. CIVIL APPLICATION NO. 896 of 2023
And
CIVIL APPLICATION (FOR ORDERS) NO. 3 of 2024 In R/MISC. CIVIL APPLICATION NO. 896 of 2023
Contempt of Courts Act, 1971 (70 of 1971), Section 2(b), 12 – Code of Civil Procedure, 1908 (V of 1908), Order 39 Rule 2(a) -- Contempt of Court -- Agreement to sell after Status quo order – Agreement to sell and acceptance of sale consideration despite the interim orders, held to be contempt of Court -- Respondent no. 1 to 4 held guilty of civil contempt, as defined under section 2(b) of the Contempt of Courts Act read with Rule-2(a) of the Order 39 of the Code of Civil Procedure, 1908 -- Unconditional apology tendered at the fag end of the proceedings, rejected – Fine of Rs.2,000/- on respondent no. 1 to 4 / Senior citizens each and costs of Rs.1,00,000/- as per Rule 21 of Contempt of Court (Gujarat High Court) Rules, 1984 imposed -- Agreement to sell held to be nonest and void ab initio, the same quashed and set aside.
(Para 17, 18, 28, 33, 34)