ABUR ALI MONDAL Vs. KASEM ALI MONDAL

JUDGEMENT

(1.) Heard Counsel on both sides. An order was passed on 12.3.90 in CR No. 3095 (W) of 1990 by the learned Single Judge. As the order was not allegedly implemented, a contempt application was filed in the Court in CR No. 3095 (W) of 1990. Several directions were issued in the contempt application on 19.6.98, 25.6.98, 17.7.98 and 27.7.98. At that stage, the petitioners approached the Division Bench of the High Court against the orders passed in the contempt application, contending that they were not parties to the writ petition and that these orders adversely affected them. The Division bench of the High Court passed an order on 17.8.99, directing the petitioners to take steps before the learned Single judge. Thereafter the petitioners filed the present application for modification of the order of the Division Bench in CAN No. 8428 of 1999, contending that as the various orders were passed in the contempt case and not in the writ petition, it was not possible for them to get themselves impleaded in the contempt case. The High court dismissed the application under the impugned order, dated 16.3.2000. It is against this order the petitioners have come up in SLP.

(2.) We may point out that the orders passed in the contempt case on the above dates were consequential to the earlier order passed on 12.3.90 in the writ petition. Petitioners before us were not parties in the writ petition.

(3.) It is, therefore, necessary for the petitioners to first move the learned Single judge to give them an opportunity to have the order, dated 12,3.90, passed in the writ petition, modified or vacated.