UNION TERRITORY OF J&K Vs. FAROOQ AHMED SHEIKH

JUDGEMENT

(1.) This intra court appeal is directed against orders dated 25th September, 2019 and 25th November, 2019 passed by the learned Single Judge in CPSW No.413/2013 titled Farooq Ahmed Sheikh and others. v. Mohd. Afzal Bhat and others.

(2.) Before we consider the rival contentions, a brief reference to factual antecedents leading to the filing of this appeal would be necessary.

(3.) Mr. M.P.Sharma, learned counsel appearing for the respondents, raised a preliminary objection with regard to the maintainability of this appeal. He would submit that the orders impugned are the orders of moment passed by the learned Single Judge during the course of hearing the contempt petition and, therefore, not 'judgment' within the meaning of Clause 12 of the Letters Patent. He would further submit that under the Contempt of Courts Act, appeal would lie only if the impugned order is passed in the exercise of contempt jurisdiction for punishing the contemnor.