Ritu Raj Jain v. Shalini Jain

$-27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 93/2016 & CM Nos.485356/2016 RITU RAJ JAIN Appellant Through:

Ms.Shilpa Chauhan, Adv.

versus SHALINI JAIN Respondent .

Through:

Nemo.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR.

JUSTICE JAYANT NATH

ORDER

% 10.02.2016 1.

By the order under appeal, the learned Single Judge has dismissed Contempt Case (C) No.893/2014 holding that there is no wilful disobedience of the order dated 28.11.2011 passed by the learned Principal Judge, Family Court, Dwarka, N.D. in HMA No.562/2010 titled Ritu Raj V5. Shalini Jain. 2.

Having heard the learned counsel for the appellant, we are of the view that against the order of the learned Single Judge, no appeal is maintainable even under Clause 10 of Letters Patent since by the said order no direction was issued or decision was made on the merits of the dispute between the parties. The reliance placed upon by the learned counsel for the appellant upon Midnapore Peoples' Co-op. Bank Ltd. & Ors. vs. Chunilal Naneda & Ors. AIR 2006 Supreme Court 2190 is misplaced. 3.

The further decision cited by the learned counsel for the appellant, i.e.. Special Deputy Collector (LA) vs. N. Vasudeva Rao and Others (2007) 14 see 165 has no relevance for the purpose of the case on hand. By:AMULYA

4.

Appeal is accordingly dismissed as not maintainable. CHIEF Jl^STICE y JAYANT NATE, J FEBRUARY 10, 2016/pmc