(Per : MR.JUSTICE D.H.WAGHELA)
1. Since a prima facie case is made out suggesting deliberate and concerted attempt at defeating the decree of the Civil Court, charge is required to be framed against respondent Nos.1 to 4. Learned counsel Mr.D.D.Vyas submitted that respondent No.4 is personally present, but respondent No.3 could not remain present because of unavoidable circumstances. Respondent No.2 is also personally present. As for respondent No.1, it was submitted by learned counsel Mr.Pradeep Patel that she being a very old lady aged about 89, her presence may be dispensed with on condition that learned counsel will take full instructions and assist the Court in further proceeding. Therefore, the matter is ADMITTED and service thereof is waived by learned counsel for the respondents.
2. Accordingly, further hearing is fixed on 01.11.2012 for framing of the charge where respondent Nos.2, 3 and 4 shall remain personally present.
Sd/-
( D.H.Waghela, J.) Sd/-
( Z.K.Saiyed, J.) (KMG Thilake)