- (1.) Leave granted.
(2.) We have heard the Counsel on both sides.
(3.) The contempt proceedings sought to be taken out against the respondents-builders/developers on the ground that the order passed by the High Court on 23-3-1992 in Writ Petitions Nos. 923 of 1992 and 5710 of 1991 has been violated on the premise that in spite of the injunction order granted in terms of para (f) extracted in the impugned order, the developer is proceeding with the construction in Plot No. 57, the prayer was turned down by the High Court. It is an admitted fact that two civil suits came to be filed by the owner, R.F. Mulla Trust, in the Civil Court and those suits now stand decreed. As at present the decrees are not the subject-matter of any appeals. Under these circumstances, the High Court proceeded on the footing that when there is a valid decree passed by Civil Court to proceed with the construction of the flats in Plot. No. 57, the action taken by the builder is not in violation of the order of the High Court. While so holding the Division Bench in the impugned order also pointed out thus: "We are, however, not inclined to hold that there is any contempt or that any restraint order is necessary.";