THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.417 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order
dated 15.05.2019 passed in W.P.No.10198 of 2019.
The facts of the case reveal that the present
appellant is having an agreement with the respondent
No.1 in respect of the premises which was in possession at the relevant point of time with the respondent No.1. Learned counsel for the appellant has argued before this Court that the possession is also in dispute. He has stated before this Court that without impleading the present appellant, the writ petition was filed stating that Police is trying to interfere with the peaceful possession and an interim order was passed on 15.05.2019 in W.P.No.10198 of 2019.
The present appeal is preferred by the appellant stating that they are also necessary party in the writ petition and without their impleadment, the writ petition was preferred and the interim order was granted by the learned Single Judge.
The Division Bench of this Court has suspended the order passed by the learned Single Judge by an order 2 dated 22.05.2019. Meaning thereby, the impugned interim order is no longer in force.
Resultantly, without averting to the merits of the case, the present writ appeal stands disposed of with a direction to the respondent No.1 to implead the present appellant as respondent in the writ petition and the learned Single Judge is requested to hear both the parties and to pass appropriate orders in accordance with law. The interim order passed by the learned Single Judge dated 15.05.2019 is set aside. The parties shall be free to argue the grounds before the learned Single Judge and this Court has not observed anything on merits. The parties shall appear before the learned Single Judge on 27.12.2021.
Office is directed to list the writ petition before the learned Single Judge having roster on 27.12.2021.
The miscellaneous applications pending in this writ appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ N. TUKARAMJI, J 09.12.2021 vs