S. No. 26

Supplementary-1 Causelist

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CJ Court

Case: LPA 108/2021

Syed Barkat Ali and others

& Petitioner/Appellant(s)

Through: Mr. Hilal Ahmad Wani, Advocate

V/s

Iftikhar Ahmad Wani and another

& Respondent(s)

Through: Mr. Irfan Andleeb, DAG

CORAM: HON9BLE THE CHIEF JUSTICE

HON9BLE MR. JUSTICE SANJAY DHAR, JUDGE

ORDER

01-9-2021

Heard Mr. Hilal A. Wani, learned counsel for the appellants.

The appellants have preferred this appeal against the order dated

6.8.2021 passed by the contempt court.

The impugned order directs for deferring the contempt proceedings and

at the same time directs it to be listed along with the main petition.

In view of the above, the order challenged in appeal is purely an

interlocutory order of a procedural nature. It is only an order in progression of

the case and does not decide any lis, issue or rights of the parties.

Accordingly, in our opinion it is not an order which is amenable to

appeal under section 12 of the Letters Patent. At the same time, such an order is

not even appealable under section 19 of the Contempt of Courts Act.

Accordingly, the appeal is not maintainable and is dismissed.

However, it may be noted that if the appellants are not satisfied by the

impugned order they may move appropriate application before the contempt

court for the modification, vacation and rescinding of the above order.

(SANJAY DHAR)

(PANKAJ MITHAL)

JUDGE

CHIEF JUSTICE

Srinagar

01-09-2021

N Ahmad

NISSAR A BHAT

2021.09.01 16:16

I attest to the accuracy and

integrity of this document