1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Contempt Appeal No. 4/2004 in Contempt Petition No. 61/2002 in W.P.No.1864/1996 Shri Laxmikant Chhotelal Gupta and others vs. Gourishankar s/o Ramchandra Gupta and others. ----------- ------------------------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. --------------------------------------------------------------------------------------------------------- CORAM : A.P.Lavande & Prasanna B. Varale, JJ DATE : 19.1.2009 Heard Mr. H.D.Dangre, learned counsel for the appellants and Mr. Bramhe, Advocate holding for Mr. Jaiswal, learned counsel for respondents 1 to 3. Mr. Dangre, learned counsel for the appellants submits that appellant no.1 Laxmikant Gupta has expired on 18.7.2007 and appellant no.2 has expired on 7.7.2006 and he further submits that this appeal has been preferred against the order passed by the learned Single Judge holding the appellants guilty of contempt and sentencing the appellant no.1 to suffer simple imprisonment for one month and to pay a fine of Rs. 10,000/- and in default to suffer simple imprisonment for 15 days and the appellants 2 and 3 have been sentenced to pay a fine of Rs. 10,000/- each. According to Mr. Dangre, all the appellants have deposited the fine amount. This position has not been disputed by Mr. Bramhe appearing on behalf of the 2` respondents. Mr. Dangre, therefore, submits that in view of the death of the appellants 1 and 2 the cause of action no more survives. We find merit in the submission of Mr. Dangre that since the appellants 1 and 2 have expired and all the appellants have paid fine amount the cause of action no more survives. Accordingly, the appeal is disposed of as infructuous. JUDGE JUDGE patle