PUSPA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This M.J.C. application has been filed for initiating a contempt proceeding against the opposite parties alleging that the opposite parties have violated the interim order dated 01.07.1999 and 16.10.2000 passed by this court in Civil Revision No.935 of 1999.

(2.) It may be mentioned here that this M.J.C application was tagged with C.W.J.C. No.14981 of 2010 and it was heard with this writ application. In the writ application also miscellaneous case was filed by the petitioners before the court below under Order 39 Rule 2A of the Code of Civil Procedure making allegation of violation of these two orders. After evidences available on record the court below recorded a finding that the orders have not been violated by the opposite parties, as such, miscellaneous case filed under Order 39 Rule 2A of the Code of Civil Procedure was dismissed. In such view of the matter, when there is finding of fact to the effect that the orders have not been violated, which has been recorded by the court below on the basis of the evidences produced by the parties in the court below, there is no question of initiating any contempt proceeding arises in this contempt application.

(3.) Moreover, from perusal of the interim order dated 01.07.1999 and the order dated 16.10.2000 it appears that this court granted status quo order during the pendency of the miscellaneous case. The miscellaneous case has already been disposed of, i.e. dismissed and the order passed by the trial court has already been upheld by the Hon'ble Supreme Court. In such circumstances, now, there is no question of any contempt arises. Thus, this M.J.C. application is also dismissed.