1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICDTION CONTEMPT NOTICE OF MOTION NO.850 OF 2007 IN SUIT NO.1254 OF 1995 Chetnarayansingh Sitaramsingh .. .. Plaintiff v/s. Vijay Sharma .. .. .. Defendant Mr.Anil Singh with Mr.Dharmesh R.Shah for Plaintiff. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 23rd March, 2010 P.C. : 1.The Suit filed in 1995 was essentially for specific performance of an Agreement for sale dated 4.7.1994. Pending the Suit, the Defendant has been restrained inter alia from putting up any construction on the land shown in Exhibit-A to the Plaint. Exhibit-A to the Plaint is a copy of the Plan showing one structure thereon. The structure is a temple. The Plaintiff contends that in the temple premises two other structures have been put up by the Defendant after the order of injunction was passed. The Defendant has not disputed that the structure on the suit land was as per Exhibit-A, which shows but one structure. The photographs produced by the Plaintiff in this Notice of Motion show another pink construction and a roof on 2 poles outside that construction, which the Plaintiff calls two structures. 2.The Advocate for the Plaintiff stated that the Municipal Corporation has also issued a notice under Section 351 of the Mumbai Municipal Corporation Act in respect of the new structure / structures. The Defendant has been served by personal service on 9.3.2007. The Affidavit of service shows the docket of the Notice of Motion, on the reverse of which the Defendant has signed. No Affidavit in reply is filed for the past 3 years. The act of contempt, as alleged by the Plaintiff, is seen by the new construction shown in the photographs. Since the act of contempt is seen and has not been sought to be refuted, prayer (e) of the Notice of Motion is required to be granted. The Defendant shall be sent to civil prison for 15 days. 3.The Plaintiff shall deposit subsistence allowance of the Defendant within 2 weeks with the Prothonotary and Senior Master of this Court. 4.The Notice of Motion is disposed of accordingly. (SMT.ROSHAN DALVI, J.)