1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4230 OF 2008 (Ashok Janraoji Thakre & Anr. vs. Tahsildar, Kalmeshwar & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 11, 2008. Heard Shri Dhoble, learned counsel for the petitioners and Shri Kothari, learned AGP for respondents No. 1 & 2. Nobody appears for respondent No.3, though he is served. There was no appearance for him even on earlier occasion. Shri Dhoble, learned counsel states that in Contempt Petition filed by the employees of School, run/ managed by Respondent No.3, the property of Respondent No.3 was ordered to be attached and sold for recovery of dues of his employees i.e. contempt petitioners. The property i.e. field admeasuring 1.35 HR out of Survey No. 173 at Mouza – Linga, Tahsil – Kalmeshwar, District – Nagpur, came to be attached under the presumption that it was property of Respondent No.3. The said property was already sold on 15.11.2007 by Respondent No.3 to Narendra Dhanrajji Palatkar and three others. The petitioners purchased the property 2 from these purchasers vide sale deed dated 5.12.2007. Thus, when this Court ordered attachment, the property was not belonging to Respondent No.3 at all. Shri Dhoble, learned counsel further states that the present petitioners accordingly appeared in Contempt Petition No. 64 of 2007 also and placed these facts on record thereof. He states that ultimately this Court has punished Respondent No.3 for contempt. The learned AGP points out that Respondents No. 1 & 2 have acted as per directions issued by this Court in contempt petition. It is apparent that on the date on which the orders of this Court in contempt matter came to be passed, the property was not with Respondent No.3 and the present petitioners were its owners. The property, therefore, could not have been attached. In the circumstances, writ petition is allowed. The notice of attachment dated 10.09.2008 and consequent action of auction is quashed and set aside. Rule accordingly. No costs. Respondent No.1 shall take appropriate consequential action to release the property from attachment. JUDGE *GS.