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2021 Supreme(UK) 282

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Dharmendra Singh Rathore - Appellant
Versus
Anuradha Mohit Dalmia - Respondent
Contempt Petition No. 446 of 2018
Decided On : 23-10-2021

Advocates Appeared:
Monika Pant, Advocate

The dismissal of the underlying writ petition with liberty reserve rendered the contempt petition infructuous.

Headnote:

Contempt - Enforcement of Interim Order - The court closed the contempt petition as the writ petition in which the interim order was passed had been dismissed, rendering the contempt petition infructuous.

Fact of the Case:

The contempt petition was filed for enforcement of an interim order passed in a specific writ petition.

Finding of the Court:

The court closed the contempt petition as the writ petition, in which the interim order was passed, had been dismissed, making the contempt petition infructuous.

Issues: Enforcement of interim order through contempt petition.

Ratio Decidendi: The dismissal of the writ petition with liberty reserve to file a fresh writ petition rendered the contempt petition infructuous.

Final Decision: The contempt petition was closed, and the contempt notice issued to the respondent was discharged.

JUDGMENT

Manoj Kumar Tiwari, J. - Learned counsel for the respondent submits that this contempt petition was filed for enforcement of an interim order passed in WPSS No. 3529 of 2017. She further submits that since the said writ petition, in which interim order was passed, has been dismissed with liberty reserve to the petitioner to file fresh writ petition, therefore, this contempt petition has become infructuous.

2. In such view of the matter, the contempt petition is closed. Contempt notice issued to the respondent is hereby discharged.

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