1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Contempt Petition No. 92/2003 in Second Appeal No. 209/1999 Awadhnarayan Laxminarayan Pande ..vs.. Ramsurat Laxminarayan Pande -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: A. B. CHAUDHARI, J. DATED : 8 th OCTOBER, 2008 1. In Second Appeal No. 209/1999, this Court had made an interim order restraining the respondents from creating any third party right in the suit property. Mr. Joshi, learned counsel for the petitioner submits that by filing an affidavit-in-reply, the respondent has admitted in para 4 thereof that he has sold out the suit property and thus there is an admission about commission of contempt of this Court. He submits that the second appeal is still pending for final hearing and the interim order is operating. 2. Undoubtedly, the respondent has committed contempt of this Court, but it is not necessary that in every case this Court should punish the respondents particularly 2 when the petitioner can get the grievance redressed in the pending second appeal where the Court has ample powers to deliver the possession of the property that has been sold out in violation of orders of this Court in accordance with the principles of lis pendens. Hence, I do not find that this contempt petition should be entertained. The same is, therefore, disposed of reserving liberty in favour of the petitioner to take steps, as available in law, in the pending second appeal. JUDGE kahale