Amit Kumar Singh v. Narender Kumar Verma

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT Case (C) No. 562 of 2018 • Amit Kumar Singh S/o Prakash Singh Aged About 46 Years R/o A-1, Shailender Nagar, Raipur, Chhattisgarh ---- Petitioner

Versus

• Narender Kumar Verma Recovery Officer, Debts Recovery Tribunal, Jabalpur, Madhya Pradesh (Contemnor), District : Jabalpur, Madhya Pradesh ---- Respondents For petitioner :

None For respondent :

None Hon'ble Shri P.R. Ramachandra Menon, Chief Justice Hon'ble Shri Sharad Kumar Gupta, Judge Order On Board Per : Sharad Kumar Gupta, Judge 15-51. In the case in hand, this Court had passed a judgment and decree dated 5-4-2018 in FA No. 142/2011 whereby and whereunder this Court has affirmed the judgment and decree passed by the trial Court in Civil Suit No. 11-A/2011 whereby the trial Court dismissed the petitioner's suit.

2. The petitioner has preferred this contempt petition raising the ground that he is in possession of disputed property, alleged contemnor has passed an ex-parte order on 13-4-2018 against him after giving effect to the judgment and decree of this Court.

3. In the aforesaid judgment and decree passed by this Court, this Court has not observed or given any finding that the petitioner is entitled to retain the possession of the disputed property and no competent authority is entitled to get possession of disputed property from the petitioner.

4. Looking to the aforesaid facts and circumstances of the case, it is very clear that the alleged contemnor has not committed any act contrary to the aforesaid judgment and decree which amounts to contempt of this Court. In other words, alleged

contemnor has not taken any step violating the aforesaid judgment and decree.

5. Thus, there is no substance in the instant contempt petition. Hence this Court is not inclined to entertain it for final hearing. Consequently same is dismissed in limine.

Sd/- Sd/- (P.R. Ramachandra Menon) (Sharad Kumar Gupta) Chief Justice Judge Pathak