1 cp-5.02 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL CONTEMPT PETITION NO. 5 OF 2002 Dilip kumar s/o Hirlal Bharadiya age 39 years, occupa. Business, r/of Gandhi Chowk, c/o Mamji Shop, Bhusawal, District Jalgaon. Petitioner versus 1. Kedarmal Jainarayan Bharadiya, age 69 years, occup. business, r/of Mamaji building, Rajendra Road, Bhusawal, Dist. Jalgaon. 2. State of Maharashtra. Respondents ----- Shri R. F. Totla, Advocate, for petitioner. Shri A.M. Gholap, Advocate, for Respondent No.1. Shri N.B. Patil,A.P.P. for Respondent No.2-State. ----- Coram: A.H.Joshi and A.R.Joshi, JJ. Date : 21.09.2011 Judgment : ( Per: A.H.Joshi, J.) 01. Shri Totla, learned Advocate for the petitioner, has reported that the petitioner is dead. However, being a 2 cp-5.02 matter of contempt, we had requested Mr. Totla to address the court. 02. Heard. 3. Perused the record. It is seen that, whether respondent No.1 tried to mislead the Court Commissioner, by giving house property No. as 843, in-stead of 802, is a matter of substance on the basis of which, contempt is alleged. 4. It is seen that the Court Commissioner was authorized to conduct an enquiry as may be necessary and thereafter prepare a final report for partition of the property. 5. Incorrect or wrong information given to the Court Commissioner, with regard to number of property, was open to enquiry and correction, and hence, would not amount to committing contempt of the court. 6. The petition, therefore, stands dismissed. Rule is discharged. We recall the notice issued to Respondent No. 3 cp-5.02 1. Cash surety furnished by Respondent No.1 be refunded to him. (A. R. JOSHI, J.) (A.H. JOSHI, J.) pnd/CRIWP-812.10