MADHYA PRADESH HIGH COURT AT JABALBUR BENCH
Rajendra Menon, J.
Kamla Dwivedi - Appellant
Versus
D.P. Ahirwar - Respondent
Contempt Petition No. : 1491-2012
Decided On : 20-12-2013
Contempt - Disobedience of Court Order - Stayed Order
Fact of the Case:
The contempt application was filed alleging disobedience of a court order, but the order in question was already stayed in a review petition filed by the State Government. The court granted liberty to initiate fresh proceedings after the review petition is disposed of and disposed of the current application.
Finding of the Court:
The court found that no further proceedings in the contempt application could take place until the review petition was decided.
Issues: Disobedience of court order, stay of order in review petition
Ratio Decidendi: The court's decision was influenced by the stay of the order in the review petition, which prevented further proceedings in the contempt application.
Final Decision: The application was disposed of with liberty granted to initiate fresh proceedings after the review petition is disposed of.
JUDGMENT
Rajendra Menon, J.
This contempt application has been filed complaining dis-obedience of an order passed by this Court on 11.11.2011, in Writ Petition No.5705/2008(S).
2. However, the order passed on 11.11.2011, in Writ Petition No. 5705/2008(S), is already stayed in a Review Petition filed by the State Government being R.P. No. 312/2013, and until and unless the Review Petition is not decided, no further proceedings in the contempt application can take place.
3. Accordingly, granting liberty to the applicant to initiate fresh proceedings after Review Petition No.312/2013 is disposed of, for the present this application stands disposed of.
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