IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). OF 2025 (Arising out of SLP(C) No.19992/2024)

I. ISMAIL APPELLANT(S)

VERSUS N. RAMAN & ANR. RESPONDENT(S)

ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

3. The appellant instituted a writ petition bearing W.P.(MD) No. 4834 of 2023 wherein an interlocutory order was passed on 17.08.2023. Against this interlocutory order, a writ appeal was preferred wherein the effect and operation of the said interlocutory order was stayed on 26.09.2023. Thereafter, the writ petition itself was withdrawn and was got dismissed. Now, in the contempt proceeding initiated by the complainant about the disobedience of the order dated 17.08.2023 passed in the above writ appeal, the order impugned before the High Court has been passed on 05.07.2024.

Signature Not Verified

4. The submission of learned counsel appearing Digitally signed by SNEHA DAS Date: 2025.02.25 Reason: for the appellant is that once the writ petition itself has been withdrawn, all interim orders or interlocutory orders passed therein ceases to exist and therefore, there is no occasion for the contempt Court to pass any order much less the order dated 05.07.2024.

5. We are in agreement with the submission of the counsel for the appellant that when the writ petition itself has been dismissed as withdrawn, no interlocutory order passed therein survives so as to permit the Contempt Court to initiate any proceeding or to pass any orders therein.

6. Accordingly, the order dated 05.07.2024 cannot be sustained in law and is hereby set aside. In fact the contempt proceeding itself have become meaningless.

7. The present appeal is allowed in the above terms.

8. Pending application(s), if any, shall stand disposed of.

…………………………………………………...J.

[PANKAJ MITHAL]

…………………………………………………...J.

[AHSANUDDIN AMANULLAH]

NEW DELHI;

JANUARY 10, 2025.

ITEM NO.7 COURT NO.16 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 19992/2024 [Arising out of impugned final judgment and order dated 19-07-2024 in LPA No. 12/2024 passed by the High Court of Judicature at Madras]

I. ISMAIL Petitioner(s)

VERSUS N. RAMAN & ANR. Respondent(s)

(IA No. 242043/2024 - VACATING STAY-LISTED)

Date : 10-01-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Parijat Kishore, AOR Mr. R.nedumaran, Sr. Adv.

Mr. Beno Bencigar, Adv.

For Respondent(s) Mr. M. Yogesh Kanna, Adv.

Mr. S. Prabu Ramasubramanian, Adv.

Mr. Raghunatha Sethupathy B, AOR Mr. Manoj Kumar A., Adv.

Ms. Monica Saini, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. The present appeal is allowed in terms of the signed order which is placed on the file.

3. Pending application(s), if any, shall stand disposed of.

(SNEHA DAS) (RAM SUBHAG SINGH)

SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR