IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3039 of 2009 =========================================================== Sudhir Kumar Gami, S/o- Prof. Rameshwar Prasad Gami, Resident of Mohalla- Hospital Road Benta, P.O.- D.M.C. P.S.- Laheriasarai, District- Darbhanga .... .... Petitioner/s Versus 1. The State of Bihar 2. Kailashi Devi @ Kailashi Devi Kezriwal, wife of Late Satya Narayan Kezriwal, Resident of Mohalla- Gullowara Near Atma Ram Poddar Shop P.O.- Lalbagh, P.S.- Sadar, Sub-Division- Sadar and District- Darbhanga. .... .... Respondent/s =========================================================== Appearance : For the Petitioner : For O.P. No. 2 : Mr. Gopal Jee, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 22-05-2017 In view of the order dated 18.01.2017 passed by the Hon’ble Supreme Court in Special Leave to Appeal (C) Nos. 22260- 22261/2013 disposing of three appeals filed by the present petitioner and holding that the execution proceedings were not maintainable and the petitioner has to approach the Civil Court by filing a suit for recovery of rent, I am of the considered view that now it is not appropriate to initiate any action for contempt against the respondents. Petitioner may take recourse to the remedy available of approaching the Civil Court in the light of the Supreme Court’s judgment. Learned counsel for the respondents is right in contending that now in view of this order passed by the Supreme Court, no action can be taken in this contempt proceedings. The Patna High Court MJC No.3039 of 2009 dt.22-05-2017 2/2 contempt application is, therefore, disposed of with liberty to the petitioner to take recourse to such remedy as may be available after the decision of the Supreme Court. P.K.P. (Rajendra Menon, CJ) AFR/NAFR N.A.F.R. CAV DATE N.A. Uploading Date 23.05.2017 Transmission Date