Per Mohammad Yaqoob Mir, J.

1. Vide order impugned dated 3.9.2009, CMP No.2674/2001, filed for initiating contempt proceeding against respondent No.4 therein, has been dismissed being misconceived and not maintainable. Aggrieved thereof, instant appeal has been filed, non maintainability of which warrants its dismissal for the reasons to follow:

In terms of the judgment rendered in SWP No.2578/98, the respondents had to disburse the subsistence allowance to the appellant. Grievance of the appellant is that the full amount of arrears of subsistence allowance have not been paid to him, therefore, respondents have violated the order, so are liable to be proceeded for having committed contempt of the Court. Earlier the appellant seem to have filed a motion for initiating contempt proceedings which has been disposed of with the direction to the respondents to release the subsistence allowance after taking an undertaking from the appellant. Another contempt petition No.26/2003 has been rejected with liberty to the appellant to launch fresh proceedings before the competent forum if advised.

2. The appeal against the order dated 3.9.2009, by virtue of which CMP for initiating contempt proceed

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