JUDGMENT :

1. Heard Mr. O.P. Srivastava, learned Senior Advocate assisted by Mr. Virendra Kumar Dubey, learned counsel for the appellant and Mr. Ratnesh Chandra, learned counsel for the respondent no. 1.

2. A preliminary objection regarding maintainability of the special appeal under Chapter VIII Rule 5 of the Rules of the Court has been raised on the ground that the order impugned dated 05.01.2022 has been passed in the Contempt Application (Civil) No. 1261 of 2017; Shivam Das Chandani and 3 others vs. Prabhu N. Singh posted as Vice Chairman and others; whereby the learned Contempt Judge finding that the judgment and order dated 07.10.2015 passed by the Division Bench in Review Petition No. 7291(MB) of 2005 has been complied with, has dismissed the contempt application and consigned it to record.

3. The learned Senior Counsel appearing on behalf of the appellants says that the order impugned is not a judgment dismissing the contempt application as no finding has been recorded regarding the compliance of the judgment and order dated 07.10.2015 passed by the writ Court. It has been submitted that the Hon'ble Contempt Judge has only mentioned the facts as argued by the learned counsel f