HIGH COURT OF CHHATTISGARH. BILASPUR 3^ PETITIONERS Contempt Case (C) No. 68 of 2009 1 Mahesh Kumar Agrawal, S/o Late Harchandrai Agrawal, aged 45 years, R/o Mother Teresa Chowk Jarhabhata, Bilaspur (C.G.) 2 Ishwar Lal Agrawal, S/o Late Harchandrai Agrawal, aged 57 years; R/o Kharsiya, District Raigarh (C.G.) 3 Purusottam Kumar Agrawal S/o Late Harchandrai Agrawal, aged 47 years, R/o Jarhabhata Bilaspur (C.G.) 4 Shrimati Sakuntala D/o Late Harchandrai Agrawal & W/o Shri Sitaram, aged 54 years, R/o Bilha, Tehsil- Bilha, District Bilaspur (C.G.) 5 Shrimati Radha Bai D/o Late Harchandrai Agrawal & W/o Shri Narsingh Lal, aged 52 years, R/o Sambalpur (Orissa) 6 Shrimati Kusum Bai D/o Harchandrai Agrawal & W/o Shri Naresh Kumar, R/o Raigarh, District Raigarh (C.G.) 7 Shrimati Premlata D/o Harchandrai Agrawal & W/o Shri Santosh Kumar, aged 44 years, R/o, Sambalpur, District Sambalpur (Orissa) 8 Shrimati Lata D/o Harchand Agrawal & W/o Shri Govind Ram, aged 41 years, R/o Kharsiya, District Raigarh (C.G.) RESPONDENTS Versus Deepak Kumar Gandhi S/o Darshan Lal Gandhi, aged 36 years Sanjay Gandhi S/o Darshan Lal Gandhi, aged 32 years, Both residents of Bilaspur, Tehsil Bilaspur (C.G.) Dayalbandh, & District- /c~^ '"^s^ Contempt Case CC) No. 68 of2009 C|T) (Petition under Sections 10 & 12 ofthe Contempt ofCourts Act) (Matter under reference) Appearance : Mr. Ali Asgar, Advocate for the petitioners. ORAL ORDER (27.04.2010) SUNIL KUMAR SINHA. J. Heard. This matter has been referred by the Second Civil Judge, Class-1, Bilaspur for initiation of proceedings of contempt against the respondents, vide orderdated 19.12.2008 passed in Misc. Civil Case No. 38/2007. Mr. Ali Asgar, learned counsel for the petitioners, submits that Civil Suit No. 91-A/92 was filed by the petitioners against the defendants, including respondents 1 & 2 which was decreed in favour of the petitioners from the Courtof IVth, Civil Judge, Class-1, Bilaspur vide judgment and decree dated 16.9.92. In the said matter, all the defendants were proceeded ex-parte. Thereafter an application under Order 9 Rule 13 of the Code of Civil Procedure was filed by the defendants for setting- aside ex-parte decree which was registered as MJC (Civil) No. 13/04. In the said MJC, an interim orderwas passed on 12.8.2004, in consequence of which the proceedings of mutation, which were pending before Tehsjldar, Bilaspur vide Case no. 306-A/2003-2004 Were stayed. Ultimately this order was vacated on 7.2.2005, but in the meanwhile, the respondents sold the disputed property to one Puranlal Sidar vide registered sale-deed dated 2.12.2004 and later on, when their interest in the property was lost, they got the MJC dismissed. It is on these acts, the petitioners had filed an application before the Civil Court for initiation of proceedings of contempt. The learned Civil Judge, after considering the entire facts and circumstances of the case, has referred this matter to this Court. Mr. Ali Asgar further submits that the acts of the respondents amount to contempt, therefore, the proceedings of contempt may be drawn against them. 1 ^iave heard Mr. Ali Asgar at length and have also perused the records of Misc. Case No. 38/2007. /y^:y, %...J 1 ""?^.i'^» ^' p' Contemut Case (C) No. 68 of2009 ^l The reference has been made by order dated 19.12.2008. Even if we take all the events to be true, on their face value, in the opinion of this Court, no case is made out for proceeding in contempt. Mr. Ali Asgar is unable to point out as to how the action of respondents of selling the property during the pendency of MJC filed under Order 9 Rule 13 of CPC for setting-aside the ex-parte decree would amount to contempt. The alleged action may lead to a civil consequence, giving rise to a cause of action in favour of the petitioners to seek remedy against the sellers and purchaser in accordance with law. - For the foregoing reasons, 1 do not deem it appropriate to proceed further. It is not a matter in which prima facie there is sufficient material to proceed against the respondents in contempt proceeding. The proceedings referred by the Civil Court are liable to be dropped. Accordingly, the proceedings under reference are dropped at this stage. The petition for initiation for contempt filed by the petitioners is dismissed summarily. — — Sd/- SunilKumar Sinha Judge vatti