1 D.B.CIVIL MISC. APPLICATION NO.117/2004. Smt.Parwati Devi & Ors. VS. Shri K.K.Moni & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER D.B.CIVIL MISC. APPLICATION NO.117/2004. IN D.B.CIVIL CONTEMPT PETITION NO.367/2003. IN D.B.CIVIL SPECIAL APPEAL (WRIT) NO.933/1997. Smt.Parwati Devi and Others. VERSUS Shri K.K.Moni and Others. 20.10.2009. HON'BLE MR.JUSTICE DALIP SINGH HON'BLE MR.JUSTICE K.S.CHAUDHARI Mr.R.K.Mathur, for the applicants. ***** We have heard learned counsel for the applicants. This application has been preferred for recalling the order dated 07.10.2004 passed in D.B.Civil Contempt Petition No.367/2003. While passing the order on 07.10.2004, this court took into account the averments made in para No.4 of the reply to the contempt petition and on that basis this court was of the opinion that no case for contempt is made out. Learned counsel for the applicants submits that the aforesaid order was passed in the absence of the counsel for the petitioners and, therefore, the petitioners were not in a position to explain their case regarding possession over the property in dispute. 2 D.B.CIVIL MISC. APPLICATION NO.117/2004. Smt.Parwati Devi & Ors. VS. Shri K.K.Moni & Ors. Be that as it may, after hearing the counsel for the applicants and having gone through the record of the contempt petition, we are of the opinion that this court while passing the order dated 07.10.2004 was prima facie concerned only with the question of contempt. So far as the merits with regard to the fact as to whether the petitioners/applicants are in possession or whether the possession has been handed over to the RIICO, that can still be looked into at the time when the special appeal is decided finally. In case the petitioners/applicants succeed in the special appeal, then it would be open for the petitioners/applicants to raise the question with regard to the possession over the property in dispute. Subject to the above, this misc. application stands disposed of. (K.S.CHAUDHARI),J. (DALIP SINGH),J. Solanki DS, Jr.P.A.