1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CONTEMPT PETITION NO.30 OF 2008 IN WRIT PETITION NO.3152 OF 2005. (JAIKUMAR SHALIGRAM CHANDAK Vs RADJARA,AM SAMSTJAM & ANR.) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ CORAM : B.P.DHARMADHIKARI, J. DATED : AUGUST 11, 2008. 1. Heard learned counsel for the parties. 2. During hearing it has transpired that the present contempt petitioner is not ready and willing to have the sale deed executed on the ground that the land forming subject matter of the auction in his favour has been encroached upon and unless and until the encroachment is removed and the land is measured and delivered in his possession the sale deed cannot be executed. In the order in which there is direction to execute sale deed, there is no express direction to demarcate 2 the land or to remove any encroachment. In main contempt petition there is no grievance that there is encroachment on the land. 3. No case for initiating action for contempt of Court is made out. The Contempt Petitioner is at liberty to file civil suit for redressal of his grievance, if he so advised. In this background, the contempt petition is dismissed. No costs. JUDGE RR.