COPC No. 49 of 1997. 3.12.2009. Present: Mr. S.M.Goel, vice Mr. Ajay Mohan Goel, counsel for the petitioners. Mr. Romesh Verma, counsel for respondents No. 3 to 8. COPC No. 49 of 1997. Thayeen, the predecessor of the petitioners, had filed a suit for declaration and permanent prohibitory injunction. This suit was dismissed on 20.9.1991. The matter was carried in appeal, but the learned Addl. District Judge, Shimla had dismissed the appeal on 17.9.1996. The petitioner had filed RSA No. 60 of 1997 against the judgement, decree dated 17.9.1996. On 1.4.1997 in CMP No. 97 of 1997 filed in RSA No. 60 of 1997, the execution of judgement and decree dated 17.9.1996 passed by the learned Addl. District Judge in Civil Appeal No. 91- S/13 of 1991 was stayed. The petitioners by way of present contempt petition have alleged that order dated 1.4.1997 passed in CMP No. 97 of 1997 has been disobeyed by the respondents and thereby have committed contempt of court’s order. The order dated 1.4.1997, passed in CMP No. 97 of 1997, is as follows:- “Notice to the respondents, returnable within three weeks. In the interim, the execution of the judgement and decree passed by the Addl. District Judge in Civil Appeal No. 91-S/13 of 1991 dated 17.9.1996 shall remain stayed till further orders.” In fact, vide order dated 1.4.1997, no positive direction was given to the respondents. The order dated 1.4.1997 has stayed the execution of judgement and decree dated 17.9.1996. In these circumstances, there is no question of disobedience and contempt of court by violating order dated 1.4.1997 passed by this court in CMP No. 97 of 1997. Resultantly, the petition fails, and notice discharged. CMP No. 20 of 1998. Infructous, in view of dismissal of main petition. December 3, 2009. ( Kuldip Singh ), (Hem) Judge.