Professional Documents
Culture Documents
OF 2012
Ismailbhai Ishabbhai Machhaliya & Anr. - Applicants Versus Mamlatdarshri & Ors. INDEX ___________________________________________________ Sr. No. 1. Annexures Particulars 1 to Page No. ___________________________________________________ Memo of the petition - Respondents
LIST OF EVENTS
That the petitioner The petitioners, being aggrieved by the approach of , beg to prefer this petition.
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD (DISTRICT: BANASKANTHA) MISC. CIVIL APPLICATION NO. OF 2012
1. Ismailbhai Ishabbhai Machhaliya Aged : Adult, Occupation: Agriculture 2. Adambhai Ishabbhai Machhaliya Aged : Adult, Occupation: Agriculture Both are residing at:Near Ghathaman Gae Jampura, Taluka Palanpur District Banaskantha Versus 1.Mamlatdarshri Office of Mamlatdar Palanpur 2.Prahladbhai J. Brahmbhatt Aged: Adult, Occupation: Retired Member 3.Yogin Prahladbhai Bahmbhatt Aged Adult, Occupation: Service 4.Sidharth Prahladbhai Brahmbhatt Aged Adult No.2 to 4 are residing at: Gobari Road Opp: Lions Club Palanpur District Banaskantha .. Opponents .. Applicants
read with Sections 10 and 12 of the Contempt of Courts Act, 1971 - - - - - - - - - - - - - - TO, THE HONOURABLE THE CHIEF JUSTICE AND THE OTHER HONOURABLE JUDGES OF THE HIGH COURT OF GUJARAT AT AHMEDABAD: The humble petition of the
applicants
are
approaching
this
Honble
Court against the unlawful, illegal action on the part of the opponents, who have committed willful and deliberate disobedience of the
process of Court and also of the judgement and decree passed by the $th Additional Sr. Civil Judge, Palanpur in Regular Civil Suit No.40 of 2011.
2. That the opponents herein have entered into the
land
of
the
applicants
and
by
using
JCB
Machine, have fallen down structures, where the applications and their family members were
residing and have also done severe damage to the standing crops of the applicants. The into
illegal
from their land and to take possession of the land in question. Here, it is pertinent to
note that the trial Court, after taking into consideration the pros and cons of the matter and after dealing with the issue at large, has decreed the suit in favour of the applicants. In the said the order, the Honble as the Court owners has and
declared
applicants
occupiers of the Revenue Survey No.813 paiki Acr 1 08 and that gunthas at the the of land by adverse has by also the
possession declared
same
time passed
orders
Mamlatdar Dy. Collector and Sachiv are false, illegal, and voidable. the defendant or his It is also ordered that servant, agent, other
persons are restrained by permanent injunction to not restrain of the the said applicants land and of also getting not to
income
dispossess the applicants and not to make any obstruction. decree were This passed judgement by the and trail order, Court and on
7.9.2010.
order, and decree dated 7.9.2010 are annexed hereto and marked as Annexure-A colly to this application. FACTS
3.The
brief
facts
leading
to
the
present
The applicants preferred Regular Civil Suit No.40/2001 before the Court of 4th Additional Sr. Civil Judge, Palanpur, District permanent Banaskantha, injunction and praying for
declaration
of the ownership by virtue of adverse possession. present forefather land paiki It is the case that of the
applicants was in
their of the
possession Survey 1, 8
bearing
Revenue Acr.
No.81, gunthas
admeasuring
and after that the present applicants are in possession of the land in
question. land. In
the land in question, since long and the said land was in possession of
their
ancestors.
The
applicants
further submit that in the said suit documentary as well as oral evidence were also advised. The written
arguments were also filed in the suit and the learned Judge, after hearing
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the
Advocates was
for pleased of
the to
parties, suit in
favour by
the and
present order
applicants
judgement
declared of
adverse
possession
land in question.
3.2
The applicants further submit that the application Exh. 174 dated 7.9.2010
was filed by the defendants asking for suspension judgement of and the order. effect The of the
learned
Judge below the said application was pleased to pass an order on 7.9.2010, suspending the operation of the order till 6.10.2010 on condition that the defendant Rs.50,000/will and execute will a bond of the
maintain
status-quo qua the land in question. In furtherance of the said order, the defendant had also executed the bond below Exh. 176. Copies of the
Application Exh. 174 and order below it as well as the Application Exh. 176 are annexed hereto and marked as
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Annexure-B colly.
3.3
The
applicants
submit
that
the
defendant of the suit preferred appeal before the District Court being Appeal No.36/10. admitted urgent and The in appeal Exh.5 notice came to be
show-cause
Here it is pertinent to note that no stay order was granted by the District Court below Exh. 5 Application at the relevant point of time. memo of appeal are as Copies of the as Exh. 5
well
Application
annexed
hereto
and
The applicants further submit that the Exh.5 application filed in the appeal came to be heard and vide order dated 6.1.2011, the learned Principal
operation of the decree passed by the learned 4th Additional Sr. Civil Judge, Palanpur in Regular Civil Suit
Annexure-D.
pertinent to note that the judgement and order passed by the trial Court in Regular Civil Suit No.40/10 was not
stayed and only the operation of the decree was stayed, meaning thereby the position, which was prevailing had to prevail and parties are bound by the same.
3.5
opponents herein came to the land in question with JCB Machine and tried to take over the possession of the land in question by removing the structures forcefully and had removed sheds,
walls, and had also made severe damage to the standing The crops of the were to the the The
shelter loss
account approach
illegal
opponents
herein.
applicants further submits that on the very day, the applicants made an
application to the District Collector with regard to the of illegal the and
forceful
action
opponents
9
herein.
copy
of
the
said
The
further
submit Court of
though decreed
trial in
favour
applicants,
the
judgement
order is not stayed by the appellate Court, the opponents and herein have
deliberately
willfully
disobeyed
the said judgement and order and had entered applicants dispossess into the land so of as At the to this
forcefully the
applicants.
stage, the applicants beg to draw the attention towards learned the of this Honble order The Court of the
concluding Court.
trial
Opponents
herein have overreached the process of the Court and have willfully the and
deliberately
disobeyed
judgement
and order passed by the trial Court dated 7.9.2010. also addressed The applicants have the complaint to the
D.S.P., on 14.3.2012 with a copy of the Police Inspector, A copy Collector of the and said
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Mamlatdar.
application dated 14.3.2012 is annexed hereto and marked as Annexure-F. 3.7 The applications most humbly that and the
India the
land
question
applicants
possession of the land in question was with the forefathers of the applicants and now with the applicants.
3.8
The applicants further submit that the applicants were being harassed by the Government Authorities time and again and the applicants, having left with no option, had to approach the trial Court by filing praying Regular for Civil Suit as
No.40/01
declaration
The
trial
Court, all
after the
taking
into facts
consideration
relevant
and also the documentary as well as the evidence, was pleased to decree
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the
said
suit and
in has
favour
of
the the
applicants
declared
applicants the owners of the land in question also by adverse the possession passed and by
declared
orders
various authorities as false, illegal and voidable. trial Court At the same time, the has also ordered the
defendants of the suit or his servant, agent and other persons, by permanent injunction not to restrain the
applicants from getting the income of the land in question and also not to dispossess the applicants and no to
make any obstruction in the way of the applicants. The judgement and order
passed by the trial Court is as clear as day light. note that in Here it is pertinent to appeal filed by the
defendant of the suit, below Exh. 5 application, Court was the Honble to District stay the
pleased
operation of the decree passed by the learned trial Court till the disposal of the appeal, meaning thereby the
Here it is
pertinent to note that the applicants are in possession since long of the land in
question
and,
therefore,
also the order of the Honble District Court would be of no consequence and there is no question of execution of the decree on the said count. even order till date, by holds by the the the the judgement trial field. trial Thus, and Court The Court
passed and
subsists
declaration
made
are as clear as day light and the same is in force till date. Herein it is
pertinent to note that the order below Exh. 5 in and appeal till was passed on
6.1.2011
12.3.2012,
knowing
fully well that the order passed by the trial Court holds the field the opponents have not done anything and all of a sudden came on 12.3.2012 Machine the and
opponents
with
JCB
other vehicles and forcefully entered into the land of the applicants. Opponents shed of destroyed the the the The
applicants by
removed
walls
illegal
The
Opponents crops
have and
also
damaged tried
the to
standing
have
dispossess the applicants, who are in lawful possession and ownership of the land in question. showing the Relevant same are
Photographs
annexed hereto and marked as AnnexureG. The Opponents knowing fully well
the judgement and order passed by the trial Court have willfully the and said the order have
disobeyed have
the
judgement Court
by
the
trial
also tried to overreach the process of Court. The Opponents have no honour
towards the order passed by the trial Court and in sheer disobedience of the judgement trial and order have passed in by the
Court
acted
illegal
manner for some mala fide and oblique purpose shed, and walls removed and of the residential damaged the
also the
standing making
crops the
applicants, to suffer
applicants
the
question and to remove the same from the place in question. requested The the
applicants,
though
opponents not to commit such act, the opponents kept doing the same and by such an act, committed the breach of the judgement and order passed by the trial Court. are That after the the Government applicants wanted from to the
means
them
dispossess
the
applicants
authorities impermissible
Government
and such high-handed act and illegal action cannot be tolerated in the
State of law where the law as well as order passed by the lawful authority prevails and stands at the hierarchy. The opponents have committed the
contempt of process of Court and have even not though of the it fit to take Court
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permission
appellate
where That
appeal the
is
still
authorities to the
doing
illegal entered
opponents
land of the applicants without prior intimation communication applicants act. and was no notice to or the
before
illegal
and the opponents are forbidden by law to commit such act especially when the proceedings are pending before the
appellate Court and the judgement and order passed by the learned Trial
That
the
opponents
have
abused
the
process of Court and have taken the law in their hands. The opponents
have committed willful and deliberate disobedience and have acted in illegal manner, rendering the applicants The
applicants, who have the judgement and order in their favour have to suffer a lot on account of the illegal action and deeds of the opponents.
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3.11
The opponent No.1 is an authority, who under the control of the State is not expected handedness to and act any such manner. high The
oblique
opponents are required to be punished under the Contempt of Courts Act for such a high-handed and illegal action. In the case of Vijaykumar v. DIG of Police Criminal and Law Anr., reported 2018, in 1987
Journal
Honble
High Court of Kerala has observed that the essence is of no power in to the punish larger any the to
doubt of
interest
interference of
administration
justice
uphold the dignity and grandeur of the law . The applicants further submit
that this Court as well as the Honble Apex Court, in the case of Rama Narang v Ramesh Narang and Anr., reported in 2007(1) GLR, 66 with has made several to the
observations
regard
Court Court,
vide
catena
decisions have made observations with regard to the contempt proceedings and have invoked the contempt jurisdiction to punish the contemnor, who have
abused the process of Court and has disobeyed the judgement and order
The applicants
crave leave to refer to and rely upon the various judgements at the time of hearing of this application.
3.12
The applicants further submit that the opponents have entered into the land of the applicants and, could to without any the any higher
intimation opponents
The applicants further submit that the applicants Honble are approaching the this of
Court
within
period
limitation.
3.14
The applicants further submit that the opponents authorities position, to and have the not Government restored the prior the
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which
was
prevailing
12.3.2012
and
have
committed
contempt of the judegement and order passed by the trial Court and also
have committed the abuse of process of the Court. 3.15 The applicants who submit are that the
applicants
rendered
shelter
less are left with no option but to approach this Honble Court by filing this application. 3.16 The applicants have no other
alternative efficacious remedy, except to approach this Honble Court by way filing the present application.
3.17
The
applications have
submit filed
that any
the other
applicants
not
any writ petition and/or application, on the subject matter of the present application, before this Hon'ble Court or before any other Court, including the Hon'ble Supreme Court of India,
applicants,
therefore,
most
humbly
pray
that:-
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(A)
This Honble Court may be pleased to admit and allow this application.
(B)
opponents under the Contempt of Courts Act, 1971 for committing willful and deliberate contempt of the judgement
and order passed by the trial Court and also for abuse of process of law and further be pleased to punish the opponents for the same. (C) This Honble Court may be pleased to direct the of complete opponents the to contempt purge by
themselves reporting
compliance
of the
judgement and order of the trial Court and to restore the position, which was prevailing prior to 12.3.2012 at their own cost and consequence.
(D)
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12.3.2012
at
their
own
cost
and
consequence. (E) Pending hearing and final disposal of this may application, be pleased to this to the Honble Court
issue
necessary and/or
directions
opponents
appropriate authorities to restore the position, to which at was prevailing own prior and
12.3.2012
their
cost
consequence.
(F)
This Honble Court may be pleased to grant any other and further reliefs, as the nature and circumstances of the
AND FOR WHICH ACT OF KINDNESS AND JUSTICE THE PETITIONER, AS IN DUTY BOUND, SHALL FOR EVER PRAY. PLACE: DATE:__/3/2012 ( ) (ADVOCATE FOR APPLICANTS)
Aged ___ years, Adult, the applicant No.1 herein, do hereby solemnly affirm and state on oath as under:
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5.
That I have been read over and explained all the averments and contentions in made in the the my
present statement
petition of
Gujarati are as
and per
facts
instructions.
6.
I state that what is stated in paragraphs No. 1 to ___ are and true belief, to and my I knowledge, believe the
information
same to be true and paragraphs ___ contains prayer clause. 7. That the annexures appended to this petition are true copies/typed copied/xerox copies of their originals of which they purported to be copies. I state that no part of this affidavit is false and nothing Court. SOLEMNLY AFFIRMED day of March, at Ahmedabad on this _______th material is suppressed from this Hon'ble
2012. (D E P O N E N T)
Explained and interpreted to the Deponent by me: (Advocate) Identified by me: Clerk to Advocate for the Applicants Code No.
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