IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.2132 of 2009 (O&M) Date of decision: December 3, 2009. Rajesh Kumar ...Petitioner(s) v. Pawan Kumar ...Respondent(s) CORAM:HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Shri Vinod Bhardwaj, Advocate, for the petitioner. Rakesh Kumar Garg, J. (Oral): As per the averments made in this petition, this court vide order dated 11.11.2003 while admitting RSA Nos.2534 and 2733 of 2002 filed inter-se the parties, arising out of same judgment, restrained the parties from alienating the suit property. The grievance of the petitioner before this court is that despite the aforesaid order, whereby the parties were restrained from alienating the suit property, the respondent has filed an application before the trial court for passing a final decree for separate possession in terms of the preliminary decree passed by the trial court vide judgment and decree dated 4.12.1998 and the petitioner has been summoned by the trial court in the said application and therefore, the respondent is guilty of committing contempt of this court. I have heard learned counsel for the petitioner. Admittedly, the operation of the judgment and decree of the trial court dated 4.12.1998 has not been stayed by this court and thus, there is no bar against the respondent from moving the court seeking partition on the basis of the aforesaid judgment and decree. Vide order dated 11.11.2003, this court had merely directed the parties not to alienate the suit property. Simply because the respondent has sought execution of the decree dated 4.12.1998, it cannot be said that he has violated the order dated 11.11.2003 whereby the parties were restrained from alienating the suit property. Moreover the petitioner filed CM No. 5644-C of 2009 in RSA No. 2534 of 2009 for staying the proceedings before the trial Court which was rejected vide order dated 11.5.2009. Thus there is no justification of filing the present contempt petition. This petition is accordingly dismissed with costs which are assessed at Rs.5,000/-. The petitioner is directed to deposit the aforesaid amount of Rs.5,000/- with the Punjab Legal Aid Services Authority within one month from today. Office is directed to put up this petition in case the costs are not paid. December 3, 2009. [ Rakesh Kumar Garg ] kadyan Judge