IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Con.Case(C).No. 324 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN OP.39594/2002 Dated 13/11/2008 .................... PETITIONER(S): PETITIONER IN OP ------------------------------- AUGUSTIAN.P.A,EQPT/ASST S NO.700483, EX SERGEANT 14 WING AIR FORCE,C/O 88 A.P.O. NOW RESIDING AT PUTHANPARAMBIL HOUSE,VADAKARA.PO, THALAYOLAPARAMBU, KOTTAYAM DISTRICT,KERALA. BY ADV. SRI.V.K.SATHYANATHAN RESPONDENT(S): RESPONDENTS IN O.P --------------------------------- 1. AIR CHIEF MARSHAL.F.H.MAJOR, AGED AND FATHER'S NAME NOT KNOWN TO THE PETITIONER WORKING AS THE CHIEF OF AIR STAFF AIR HEAD QUARTERS (VAYU BHAVAN)NEW DELHI. 2. SHRI.PUNGALE, AGED AND FATHER'S NAME NOT KNOWN TO THE PETITIONER WORKING AS THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS(PENSIONS) DRAUPADHI GHAT,ALLAHABAD. 3. AIR COMMODORE S.S.DESHPANDE, AIR OFFICER COMMANDING,AIR FORCE RECORD OFFICE,SUBROTO PARK, NEW DELHI. 4. WING COMM,ANDER.P.S.BABU,AGED AND FATHER'S NAME NOT KNOWN TO THE PETITIONER WORKING AS THE OFFICIATING SECRETARY OF A.F.G.I.S A.F.G.I.S BHAWAN, SUBROTO PARK,NEW DELHI. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== C.O.C.No. 324 of 2009 ================== Dated this the 8th day of July, 2009 J U D G M E N T The learned counsel for the petitioner submits that against Annexure 1 judgment, a writ appeal has been filed by the respondents, in which, the Division Bench has granted a stay. In the above circumstances, this contempt case is closed without prejudice to the right of the petitioner to restore this contempt case to file by filing an appropriate petition as and when either the stay is vacated or the writ appeal is disposed, if necessary. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge