ASHOK BHATIA Vs. M K GAJERA

JUDGEMENT

(1.) The petitioners are the original opponents, against whom the respondent herein has filed a contempt application, being Miscellaneous Application No. 4 of 1997, which is pending before the Court of Civil Judge (Senior Division), Gondal. The respondent herein was the original plaintiff in Regular Civil Suit No. 108 of 1988. The aforesaid suit was filed by the respondent for necessary declaration in the matter of entitlement of promotion and other consequential benefits on the post of D.H.O., Class I. We are not concerned with the merits of the aforesaid proceedings in this C.R.A.

(2.) The aforesaid suit was decreed by the trial Court and the said decree was confirmed in appeal by the appellate Court. Thereafter, the said contempt application was filed by the present respondent on the ground that the opponents of that application have committed contempt by not giving benefit to the plaintiff which is flowing from the decree of the trial Court. On the aforesaid application, even interim injunction was also prayed for, restraining the defendants from giving promotion to any one else. The trial Court in the aforesaid application, which was numbered as Miscellaneous Application No. 4 of 1997, issued summons on the present petitioners, meaning thereby that the trial Court had prima facie taken cognizance of the proceedings under the Contempt of Courts Act. The notices were issued on 4th February. 1997, which were made returnable on 6th March, 1997.

(3.) The present petitioners have challenged the aforesaid order of issuing notice in the contempt proceedings by the trial Court by filing this Revision Application. This Court has admitted the Revision Application and the proceedings before the trial Court were stayed by this Court and today, this C.R.A. has reached for final hearing.