C.O.C.P.No. 820 of 2007 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh C.O.C.P.No. 820 of 2007 (O&M) Date of decision: 12.11. 2009 Baljit Kaur and another ......petitioners Versus Makhan Singh and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. R.K.Garg, Advocate, for the petitioners. Mr.Binderjit Singh, Advocate, for the respondents. **** SABINA, J. The petitioners had filed RSA No.2803 of 1998. On 22.2.2000, the following order was passed in the presence of the counsel for the parties:- “ After hearing the learned counsel and goind through the record, it is ordered that during the pendency of appeal status quo regarding possession and alienating shall be maintained.” The petitioners have filed this contempt petition on the C.O.C.P.No. 820 of 2007 (O&M) 2 allegation that despite the order passed by this Court, reproduced above, the respondents had mortgaged the property in dispute. In reply to the contempt petition, the respondents have averred that earlier Baljit Kaur filed a COCP No.737 of 2008 regarding dis- obedience of the order dated 22.2.2000 by the respondents, virtually on the same allegations. The said petition was got dismissed as withdrawn vide order dated 11.9.2009 and thereafter, the present petition had been filed. In fact, the dispute in the present case related to 1/27th share of Samma Kaur. The petitioners were not in exclusive possession of the suit property. Mortgage deed had been executed by respondent Makhan Singh out of 5/36th share independently owned by him in the entire khata of 1062 kanals 19 marlas. After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be dismissed. Earlier, COCP No.737 of 2008 filed by Baljit Kaur was dismissed as withdrawn vide order dated 11.9.2009. In the present case, since the appeal has been dismissed and in view of the averments made in the reply, no ground for proceeding against the respondents for having committed contempt of Court is made out. Accordingly, the rule is discharged. (SABINA) JUDGE November 12 , 2009 anita