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High Court of Punjab and HaryanaCOCP/2977/2023dismissed

Prithvi Pal Singh Gill v. Ravinder Bansal And Others

2023-11-172 pages

2023:PHHC:146443

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH COCP-2977-2023 (O&M) Date of Decision: 17.11.2023 Prithvi Pal Singh Gill . . . . Petitioner Vs.

Ravinder Bansal and others . . . . Respondents **** CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA ****

Present:

Ms. Sushma Chopra, Advocate, for the petitioner. **** SANJEEV PRAKASH SHARMA, J.(Oral)

1. This is a contempt petition filed by the petitioner raising grievances against the orders issued by the Naib Tehsildar Cum Joint Sub Registrar whereby he has informed the petitioner to produce NOC in terms of an order passed by the Deputy Commissioner on 24.05.2023.

2. Learned counsel submits that the action of the concerned Sub Registrar and the Deputy Commissioner demanding NOCs amounts to flouting of the Court's order. She admits that the registry has been executed in her favour. However, the original documents have not been released on account of not producing of NOC.

3. I have carefully gone through the complaint made by the petitioner and find that firstly, the order which the petitioner seeks to be implemented is an order passed in a civil suit for which contempt petition would not lie, and it is an abuse or process of Court as a decree passed by a civil court is executable under Order 21 CPC; secondly, this Court finds that MOHIT GOYAL 2023.11.20 17:01 I attest to the accuracy and integrity of this document

COCP-2977-2023 (O&M) 2023:PHHC:146443 the Sub Registrar or the Deputy Commissioner are not parties to the suit and if the petitioner has any grievance, remedy lies elsewhere.

4. Contempt petition is not maintainable and is accordingly dismissed. (SANJEEV PRAKASH SHARMA) JUDGE November 17, 2023 Mohit goyal

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No MOHIT GOYAL 2023.11.20 17:01 I attest to the accuracy and integrity of this document