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2025 Supreme(Online)(Ker) 34853

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
K.V. THOMAS – Appellant
Versus
BENNO JACOB – Respondent
CONT.APP(C) NO. 5 OF 2016



Advocates:
For the Appellants/Petitioners: SRI.KURIAN GEORGE KANNANTHANAM (SR.), SMT.ANITHA MATHAI MUTHIRENTHY
For the Respondents:

A contempt appeal may be rendered infructuous if a related writ petition has been finally disposed of.

Headnote:This contempt appeal is filed under Section 19(1)(a) of the Contempt of Courts Act 1971 against the interim order dated 10.06.2016 by the learned Single Judge, which directed the appellant to admit the students to the first standard subject to decision regarding fees. The appeal became infructuous due to the final disposal of the related writ petition. The Court dismissed the appeal as infructuous.

Table of Content
1. contempt proceedings initiated regarding admission directives. (Para 1 , 2)
2. appeal dismissed as infructuous due to related final judgment. (Para 3)

JUDGMENT

Muralee Krishna, J.

This contempt appeal is filed under Section 19 (1)(a) of the Contempt of Courts Act 1971, by the respondent in Cont.Case(C) No.819 of 2016, challenging the interim order dated 10.06.2016 passed by the learned Single Judge in that contempt case.

2. The Cont.Case(C) No.819 of 2016 was filed by the respondent herein under Section 12 of the Contempt of Courts Act , 1971, alleging wilful violation of the interim order of this Court dated 29.04.2016 in W.P.(C)No.16415 of 2016. By the interim order dated 10.06.2016, the learned Single Judge directed the appellant to admit the students who were studying in LKG and UKG to the first standard and report before this Court, subject to the decision regarding fees. Challenging this interim order, the appellant filed this contempt appeal.

3. Today, when this matter was taken up for consideration, the learned counsel for the appellant would submit that the appeal became infructuous in view of the final disposal of W.P.(C)No.16415 of 2016 by the judgment dated 26.07.2016, whereby the writ petition was dismissed.

In view of the said submission of the learned counsel for the appellant, this contempt appeal is dismissed as infructuous.

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