1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO. 98 OF 2007 Kacharulal s/o. Bhshimal Jain ....Petitioner. Versus Maruti s/o. Rakhamaji Chaure and others ....Respondents. Shri. S.P. Deshmukh h/f. Smt. C.S. Deshmukh, Advocate for the petitioner. Shri. M. M. Patil Beedkar, Advocate for R-1 to 3. Shri. K. S. Patil, A.G.P. for R-6. Shri. S. K. Naikwade, Advocate for the R - 8 to 13. Shri. Amol Shinde h/f. Shri. S.S. Thombare, Advocate for R-7, 18, 21 to 23, 25. Kum. P. A. Rajput h/f. Shri. V. D. Salunke, Advocate for R-16. CORAM : R.K. DESHPANDE, J. DATE : 24th November, 2009 PER COURT : 1. This Court by an order dated 10.7.2006 passed on Civil Application No. 2661/2006 in Second Appeal No. 602/2003 granted interim relief in terms of prayer clause "C" & "D" till the next date. The 2 matter was posted after three weeks. The prayer clause "C" & "D" are reproduced below :- "C) Pending hearing and final disposal of the aforesaid Second Appeal, respondents, their servants, family members, successors and all alieness from land survey no. 201 situated at Taraf Pingale, Beed, be kindly restrained from making further alienations of their lands and/or any portion, piece of land or property or constructed portion from land survey no. 201 of Taraf Pingale, Beed [ suit property ] which is more particularly set out and described in the plaint of Regular Civil Suit No. 204 of 1985; D) Pending hearing and final disposal of second appeal, respondents be kindly restrained from registering any deal in respect of land survey no. 201 situated at Taraf Pingle, Beed, more particularly set out and described in the plaint." 2. The petitioner has made averments in para Nos. 9 and 10 of the petition, which are as under :- "9. Matter came to be adjourned for three weeks at the instance of respondents who had sought time to file reply to the application. Hon'ble High Court had been pleased to grant relief till next date. Thereafter, matter was not listed. As such, next date in the matter is yet to be there. 10. Petitioner states that during subsistence of said order, some alienees have caused sale of their properties to third persons, the instances of which are annexed hereto and marked Exhibit 'C'." 3. This matter was adjourned on 29.9.2009 at the instance of Shri. S.P. Deshmukh, the learned counsel for the petitioner on the ground that he wants to file the copy of the sale deed and hence, the matter was adjourned for six weeks. On 10.11.2009 the matter was adjourned to 3 24.11.2009 by way of last chance. However, the sale deed is not placed on record. In view of this, the instant contempt petition is liable to be dismissed on this sole ground. Hence, the petition is dismissed. It will be open for the petitioner to file a fresh petition, if the interim relief is confirmed. [ R.K. DESHPANDE, J. ] ssc/cp98.07