Petitioners filed a contempt petition over registration of a sale certificate, seeking interim stay of a property sale. The court found no disobedience of the earlier writ order, held contempt not made out since petitioners sought to establish substantive rights, declined any stay, and disposed of the petition leaving rights open.
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MAHARAJ MALIK & ORS. .....Respondents Through: Mr. Arun Aggarwal with Mr. Lovelesh Kukreja and Mr. Shivam Saini and Mr. Praful Rawat, Advocates for respondent No.2.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)
CONT.CAS(C) 1438/2023 & CM APPL. 3178/2025
5 of the above said order reads as under:-
“3. The record however would reflect that the Sub-Registrar desisted from according registration at that stage on account of the pendency of various litigations. Learned counsel for the petitioner submits that now and presently, all litigation has come to a close and thus no fetter as such exists in respec1 of the power of the
Signature Not Verified
CONT.CAS(C) 1438/2023
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Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 1.01.2025 15:13:28
Sub-Registrar to register the Sale Certificate which was submitted for registration.
4. Mr. Bhardwaj, learned counsel appearing for the said Sub-Registrar submits that subject to verification of all facts and contentions on merits being kept open, in case the petitioner were to appear before the Sub-Registrar within a period of three weeks from today and produce all relevant material in support of their contention that no other litigation is ·pending, the said authority shall proceed further in accordance with law. The statement so made is recorded and accepted.
5. The writ petition shall stand disposed of on the above terms.”
Signature Not Verified
CONT.CAS(C) 1438/2023
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Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 1.01.2025 15:13:28
but as apparent, there is nothing to suggest any kind of disobedience of any order of the Court.
(MANOJ JAIN) JUDGE
JANUARY 20, 2025/st
Signature Not Verified
Digitally Signed CONT.CAS(C) 1438/2023 By:SONIA THAPLIYAL Signing Da te:2 1.01.2025 15:13:28
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2 issues framed by the court
Whether the contempt petition is maintainable when no disobedience of the writ order dated 15.11.2022 is evident.
Whether an interim stay should be granted against the sale/registration of the property.
Mayank Gaur and Anr.
Maharaj Malik & Ors.
Manoj Jain
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
