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Judgment
Arindam Sinha, J
Mr. Mishra, learned advocate appears on behalf of alleged contemner and submits, office of his client has preferred review against order dated 19th July, 2022, contempt of which is alleged by applicant.
Mr. Mohanty, learned advocate appears on behalf of applicant and submits, his client is more than 80 year old she is suffering various ailments. There has been willful and deliberate violation of said order dated 19th July, 2022. Appeal was preferred, not admitted and adjourned till 30th January, 2023. Mr. Mishra submits, adjournment was on defect of omission to include certified copy in the second Judge’s brief.
On query from Court, Mr. Mishra submits, if the review application is allowed his client will not press the appeal. The query was whether review applicant would elect to prosecute the review over the appeal. He serves copy to Mr. Mohanty.
Adjournment granted is peremptory. On adjourned date or thereafter order will be made on the contempt application unless there is order of interference obtained from appellate Court. Since appeal has been preferred prayer prior to the review application, the review application will be dealt with, if necessary, after result in the appeal.
List on 2nd February, 2023 along with RVWPET no.194 of 2022.
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