PATEL RAJNIKANT DHULABHAI Vs. PATEL CHANDRAKANT DHULABHAI
LAWS(SC)-2008-7-60
SUPREME COURT OF INDIA
Decided on
July 21,2008
PATEL RAJNIKANT DHULABHAI
Appellant
VERSUS
PATEL CHANDRAKANT DHULABHAI
Respondents
Referred Judgements :-
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ANIL RATAN SARKAR VS. HIRAK GHOSH [REFERRED TO]
ASHOK PAPER KAMGAR UNION VS. DHARAM GODHA [REFERRED TO]
ALL BENGAL EXCISE LICENSEES ASSOCIATION VS. RAGHAVENDRA SINGH [REFERRED TO]
COMMISSIONER KARNATAKA HOUSING BOARD VS. C MUDDAIAH [REFERRED TO]
Cited Judgements :-
K.A.SURUMA VS. C.K.RICHARD ANTONY @ JOSE [LAWS(MAD)-2012-11-113] [REFERRED TO]AMIT SHARMA VS. JAGROOP SINGH [LAWS(P&H)-2019-9-220] [REFERRED TO]
RASHMI V.RAO VS. ECLERX SERVICES LIMITED [LAWS(KAR)-2022-9-964] [REFERRED TO]
REGISTRAR GENERAL, HIGH COURT OF MEGHALAYA VS. PATRICIA MUKHIM [LAWS(MEGH)-2019-3-15] [REFERRED TO]
REGISTRAR GENERAL, HIGH COURT OF MEGHALAYA VS. THE SORDAR, SKHEMBOR KHONGJIREM OF WAHKHEN VILLAGE [LAWS(MEGH)-2015-4-14] [REFERRED TO]
BARODA RAYON EMPLOYEES EKTA UNION VS. BARODA RAYON CORPORATION LTD [LAWS(GJH)-2015-5-57] [REFERRED TO]
AMIT MANIBHAI PANCHAL VS. SUO MOTU [LAWS(GJH)-2020-8-289] [REFERRED TO]
K. MALLAIAH AND ORS. VS. SANDEEP KUMAR SULTANIA AND ORS. [LAWS(APH)-2015-7-10] [REFERRED TO]
IN RE A. GIRIDHAR VS. IN RE A. GIRIDHAR [LAWS(APH)-2022-12-40] [REFERRED TO]
VELDANDA SRILATHA VS. GUNDUMALLA ANANTHA REDDY [LAWS(TLNG)-2022-4-93] [REFERRED TO]
VISHRAM SINGH RAGHUBANSHI VS. STATE OF U P [LAWS(SC)-2011-6-14] [REFERRED TO]
MANWAR VS. SAHARPAL [LAWS(P&H)-2017-5-127] [REFERRED TO]
KISHIN T. PANJABI VS. SURESH KOTHARI [LAWS(KAR)-2019-10-7] [REFERRED TO]
VITTAL GURUDAS PAI VS. LEPAKSHI CONSTRUCTION CORPORATION [LAWS(KAR)-2021-2-68] [REFERRED TO]
NAVLAL DADSENA VS. BRIJESH CHANDRA MISHRA [LAWS(CHH)-2012-11-44] [REFERRED TO]
PRASHANT CHANDRA VS. HARISH GIDWANI DEPUTY COMMISSIONER OF INCOME TAX RANGE 2 [LAWS(ALL)-2022-12-148] [REFERRED TO]
ASHA RANI GUPTA VS. RAJENDER KUMAR [LAWS(DLH)-2013-5-70] [REFERRED TO]
GULSHAN KUMAR ARORA VS. ASHWANI SHUKLA [LAWS(DLH)-2012-7-28] [REFERRED TO]
COMMERCIAL TAX OFFICER VS. SRI K. NAVEEN KUMAR [LAWS(APH)-2017-7-42] [REFERRED TO]
SODA RAMULU VS. K L V PRASAD [LAWS(APH)-2011-8-76] [REFERRED TO]
SHOBHA SHRESTHA VS. JAY RANDOLPH VASS [LAWS(DLH)-2009-3-124] [REFERRED TO]
FEDERATION (ROSIMUSHCESTVO) VS. SARAF AGENCY PVT. LTD. [LAWS(CAL)-2020-5-4] [REFERRED TO]
KRISHNA GUPTA VS. SH. NARENDRA NATH [LAWS(DLH)-2017-10-73] [REFERRED TO]
VIBHA DHEMAN VS. DINESH DHEMAN & ORS [LAWS(DLH)-2016-9-236] [REFERRED]
POONABAI VS. MUNNALAL [LAWS(MPH)-2018-7-66] [REFERRED TO]
NARESHBHAI HATHISING SHAH VS. DINABEN JITENDRABHAI THAKAR [LAWS(GJH)-2014-3-259] [REFERRED TO]
PAMELA MANMOHAN SINGH VS. HARNAM KAUR (DECEASED THROUGH LEGAL REPRESENTATIVES) & ORS. [LAWS(DLH)-2017-3-88] [REFERRED TO]
DEBARSHI CHAKRABORTY VS. DR. MANOJ PANTH, IAS [LAWS(CAL)-2022-5-29] [REFERRED TO]
PRASHANT CHANDRA VS. HARISH GIDWANI DEPUTY COMMISSIONER OF INCOME TAX [LAWS(ALL)-2024-8-8] [REFERRED TO]
ASHOKKUMAR JAYANTILAL SHETH AND ORS VS. HEIRS OF DECEASED NARMADABEN WIDOW OF NARANBHAI RAMDAS PATEL & 8 [LAWS(GJH)-2014-7-209] [REFERRED TO]
VELBAI W/O NARAN NARSANI AND D/O NATHA HARJI HALAI VS. NATHA HARJI HALAI [LAWS(GJH)-2016-3-131] [REFERRED TO]
VELBAI W/O NARAN NARSANI AND D/O NATHA HARJI HALAI VS. NATHA HARJI HALAI [LAWS(GJH)-2016-3-131] [REFERRED TO]
CARGIL INDIA PRIVATE LIMITED VS. M. M. OIL ENTERPRISES [LAWS(BOM)-2019-5-72] [REFERRED TO]
PANKAJ S. BANSAL. VS. ARUNKUMAR RAMSWARUP AGGARWAL & ORS. [LAWS(BOM)-2020-2-47] [REFERRED TO]
RUDRAM BUILDERS VS. MIR ASHARAFUDDIN [LAWS(APH)-2011-2-62] [REFERRED TO]
B KRISHNA REDDY VS. PUSHPA SUBRAHMANYAM [LAWS(APH)-2011-4-73] [REFERRED TO]
FOOD CORPORATION OF INDIA WORKERS UNION VS. SURENDRA RAM [LAWS(DLH)-2012-10-178] [REFERRED TO]
YASHODA SHARMA VS. P.K. SRIVASTAVA [LAWS(DLH)-2013-6-19] [REFERRED TO]
KARNATAKA RAJYA RASHTREEYA GRAMEENA UDYOGA KHATRI YOJANE NAUKARARA SANGHA (R) VS. DR. K. RADHAKRISHNA REDDY [LAWS(KAR)-2016-12-99] [REFERRED TO]
T.SUDHAKAR PAI VS. MANIPAL ACADEMY OF HIGHER EDUCATION [LAWS(KAR)-2023-7-8] [REFERRED TO]
BHARATBHAI JIVRAJBHAI VS. CHAGANBHAI SAMABHAI [LAWS(GJH)-2012-12-29] [REFERRED TO]
M . K. PREMALATHA@ LALITHA VS. GANGADHAR [LAWS(KAR)-2012-5-22] [REFERRED TO]
SHERNAZ FAROUKH LAWYER & ANR. VS. MANEK DARA SUKHADWALLA [LAWS(BOM)-2017-1-42] [REFERRED TO]
SUO MOTU VS. VIJAY ARVINDBHAI SHAH [LAWS(GJH)-2020-8-321] [REFERRED TO]
C ELUMALAI VS. A G L IRUDAYARAJ [LAWS(SC)-2009-3-162] [REFERRED TO]
SUMER SINGH VS. SANMAN SINGH [LAWS(MPH)-2010-9-53] [REFERRED TO]
IN REFERENCE VS. RAVI SHYAMNANI [LAWS(MPH)-2017-7-200] [REFERRED TO]
IN REFERENCE VS. RAVI SHYAMNANI [LAWS(MPH)-2017-7-200] [REFERRED TO]
RAMESHBHAI NARANBHAI PATEL VS. GOPALDAS VITHTHALDAS KANSARA [LAWS(GJH)-2022-2-343] [REFERRED TO]
ZANIAK INNOVATION INDIA LIMITED VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-12-75] [REFERRED TO]
IN-RE VS. VIKRAM SHARMA (CLERK) [LAWS(ALL)-2022-4-65] [REFERRED TO]
SURYABHAN VS. VISHWAMBHAR MARUTI PAWAR [LAWS(BOM)-2011-7-121] [REFERRED TO]
DINESHBHAI DHULABHAI PARMAR VS. DAMYANTIBEN NARAYANBHAI CHAUHAN [LAWS(GJH)-2025-3-41] [REFERRED TO]
DARSHAN SINGH VS. SARUP SINGH AND OTHERS [LAWS(P&H)-2013-7-794] [REFERRED TO]
N SRINIVAS VS. NARESH KUMAR [LAWS(MAD)-2011-1-163] [REFERRED TO]
SANJIB KUMAR BOSE VS. SMT. ROMA BOSE & ORS. [LAWS(CAL)-2018-5-148] [REFERRED TO]
MD. SARFARAZ ALAM VS. MD. MOFAZZULAR RAHMAN [LAWS(CAL)-2022-9-135] [REFERRED TO]
PRALHAD VS. SULOCHANA RAMCHANDRA KAWARKHE [LAWS(BOM)-2021-2-118] [REFERRED TO]
HIRALAL SOMABHAI CONTRACTOR VS. STATE OF GUJARAT [LAWS(GJH)-2022-7-294] [REFERRED TO]
GANTA SUDHEER KUMAR VS. T. NAGI REDDY, COMMISSIONER [LAWS(TLNG)-2022-6-101] [REFERRED TO]
S. HEMALATHA VS. P. MURALI VITTAL [LAWS(MAD)-2014-4-60] [REFERRED TO]
NEXT GENERATION BUILDERS PVT. LTD VS. KOLKATA MUNICIPAL CORPORATION [LAWS(CAL)-2013-5-28] [REFERRED TO]
V.R.S.V.N.SAMBASIVA RAO VS. V.RAMA KRISHNA [LAWS(APH)-2023-1-25] [REFERRED TO]
S.K. SRIVASTAVA VS. MS. X [LAWS(DLH)-2014-1-80] [REFERRED TO]
RAJ GOPAL SAXENA VS. NISHA GOPAL SAXENA [LAWS(DLH)-2013-10-261] [REFERRED TO]
R. SRINIVAS VS. B. SAMBASHIVA REDDY [LAWS(KAR)-2019-10-9] [REFERRED TO]
GANGABEN WD/O KALYANBHAI PUNJABHAI VS. KARANSINH N MANDAVAT [LAWS(GJH)-2014-4-194] [REFERRED TO]
DALIP SINGH VS. GURMEET SINGH [LAWS(P&H)-2010-9-163] [REFERRED TO]
SANMAN SINGH VS. SUMER SINGH [LAWS(MPH)-2012-7-162] [REFERRED TO]
SERALATHAN VS. SHANKAR JIWAL [LAWS(MAD)-2022-7-447] [REFERRED TO]
LAXMI INDUSTRIES VS. RAMESHWAR LAL BHADADA [LAWS(RAJ)-2015-9-247] [REFERRED]
BALWANTBHAI SOMABHAI BHANDARI VS. HIRALAL SOMABHAI CONTRACTOR [LAWS(SC)-2023-9-21] [REFERRED TO]
RELIANCE COMMUNICATION LIMITED AND OTHERS VS. STATE BANK OF INDIA AND OTHERS [LAWS(SC)-2019-2-108] [REFERRED TO]
DASARI SEETHA NAIDU, W/O D SURESH BABU VS. PRADEEP K SHARMA, REGISTRAR, POST GRADUATE & RESEARCH INSTITUTE [LAWS(APH)-2017-12-54] [REFERRED TO]
KOMAL NAGPAL VS. KAMAL NAGPAL [LAWS(DLH)-2014-1-6] [REFERRED TO]
SUO MOTU VS. YOGESH J. BHATT [LAWS(GJH)-2014-9-102] [REFERRED TO]
P. SANKAR VS. HARISH KUMAR GUPTA [LAWS(APH)-2023-8-91] [REFERRED TO]
JUDGEMENT
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(1.)The present contempt petitions are filed by the petitioners against respondent Nos. 1 to 3, alleged contemners, praying that they be held guilty of 'civil contempt' for violating orders passed by this Court on April 26, 2004 and on January 10, 2005 and be punished accordingly. A prayer is also made directing the contemners to deposit the amount received from third parties in consideration of transfer of property effected by them during the period of interim orders of this Court.
(2.)Shortly stated the facts of the case are that petitioners and respondent Nos. 1, 4 and 5 (in Special Leave Petitions) are real brothers and heirs and legal representatives of one Dhulabhai Patel. It was the case of the petitioners that in 1961, one Chandulal Muljibhai Parikh and Dhulabhai Patel (father of petitioners and respondent Nos. 1, 4 and 5) purchased land bearing Revenue Survey Nos. 459/2, 464, 465, 466/1 and 466/2 admeasuring 6 acres and 9 gunthas of village Atladara, Taluka and District Baroda in the State of Gujarat from one Parvatibai Ingle by a registered sale deed. According to the petitioners, the amount of consideration was paid from the funds of Hindu Undivided Family (HUF) of Dhulabhai Patel, but name of respondent No. 1 Chandrakant Dhulabhai Patel was shown as the purchaser of the property being the eldest son of decdeased Dhulabhai Patel along with Chandulal Muljibhai Parikh. Respondent Nos. 4 and 5 were minors at that time. Respondent No. 1, Chandrakant Dhulabhai Patel was also studying in a college and was having no source of income whatsoever. The entire amount was paid by deceased-Dhulabhai. According to the petitioners, several documents revealed that the property was managed by HUF of Dhulabhai Patel. In October, 1986, Dhulabhai died. No partition by metes and bounds had been effected between the sons of deceased Dhulabhai and the property continued to remain as HUF property. The petitioners used to manage property after the death of Dhulabhai.
(3.)In 1990, a Memorandum of Understanding (MoU) was entered into between respondent No. 1, Chandrakant Patel, being eldest son of Dhulabhai Patel family on one hand and heirs of deceased Chandulal Parikh on the other hand whereunder it was agreed that a portion of land towards western side would be treated as property of deceased-Dhulabhai Patel and his family members.
(2.)Shortly stated the facts of the case are that petitioners and respondent Nos. 1, 4 and 5 (in Special Leave Petitions) are real brothers and heirs and legal representatives of one Dhulabhai Patel. It was the case of the petitioners that in 1961, one Chandulal Muljibhai Parikh and Dhulabhai Patel (father of petitioners and respondent Nos. 1, 4 and 5) purchased land bearing Revenue Survey Nos. 459/2, 464, 465, 466/1 and 466/2 admeasuring 6 acres and 9 gunthas of village Atladara, Taluka and District Baroda in the State of Gujarat from one Parvatibai Ingle by a registered sale deed. According to the petitioners, the amount of consideration was paid from the funds of Hindu Undivided Family (HUF) of Dhulabhai Patel, but name of respondent No. 1 Chandrakant Dhulabhai Patel was shown as the purchaser of the property being the eldest son of decdeased Dhulabhai Patel along with Chandulal Muljibhai Parikh. Respondent Nos. 4 and 5 were minors at that time. Respondent No. 1, Chandrakant Dhulabhai Patel was also studying in a college and was having no source of income whatsoever. The entire amount was paid by deceased-Dhulabhai. According to the petitioners, several documents revealed that the property was managed by HUF of Dhulabhai Patel. In October, 1986, Dhulabhai died. No partition by metes and bounds had been effected between the sons of deceased Dhulabhai and the property continued to remain as HUF property. The petitioners used to manage property after the death of Dhulabhai.
(3.)In 1990, a Memorandum of Understanding (MoU) was entered into between respondent No. 1, Chandrakant Patel, being eldest son of Dhulabhai Patel family on one hand and heirs of deceased Chandulal Parikh on the other hand whereunder it was agreed that a portion of land towards western side would be treated as property of deceased-Dhulabhai Patel and his family members.
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