JUDGMENT (Oral)

1. The present appeal has been filed by the appellant seeking setting aside of the impugned judgment dated 17.03.2023 in CCP 456/2019; and directions to respondents to comply with order dated 04.10.2018.

2. It is not in dispute that vide the impugned judgment dated 17.03.2023, the contemnor has already been discharged and appeal is not maintainable as decided by order dated 01.11.2022 of this Court passed in Cont. App. (C) 21/2022. The relevant paras of said order are as under:

"7. Alas as the position had not changed, there was no occasion for anyone, much less the respondents to be held guilty of contempt, as has been rightly held by the learned Single Judge. There were no circumstances giving rise to any suspicion of holding the respondents guilty of any offence. In essence, the respondents have not been held guilty of contempt and have certainly not been punished for the same. In such a case, no appeal under Section 19 of the Act shall lie. Such an order rejecting a petition for contempt in such circumstances is not open to challenge and as an appeal under Section 19 of the Act only lies when the Court has exercised its power to have held a contemnor guilty of