THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No. 102 OF 2018
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present writ appeal is directed against an interim order
dated 13.12.2017 passed by the learned Single Judge on a
miscellaneous application, registered as W.P.M.P.No.47879 of 2017,
moved by the respondents No.6 and 7/writ petitioners in
W.P.No.38572 of 2017.
2. By the interim order, the learned single Judge has suspended the proceedings taken out by the respondent No.4/Tahsildar, Ramagiri Mandal, Peddapally District and has directed him to mutate the names of the respondents No.6 and 7/writ petitioners in the revenue records on the basis of the order dated 30.10.2015, passed in SOP.No.293 of 2012, within a fixed timeline.
3. It is the stand of the appellant that by virtue of the interim order, the learned single Judge has actually allowed the writ petition itself which is still pending adjudication.
4. Learned counsel for the respondents No.6 and 7/writ petitioners states that while the appellant has been in a tearing hurry to approach this court by filing an appeal, she has not taken any steps so far to file a counter affidavit and as a result, the writ petition is still pending adjudication.
W.A.No.102 of 2018 Page 1 of 2
5. It is deemed appropriate to dispose of the present appeal with directions to the appellant to file a counter affidavit in the pending writ petition within four weeks with a copy to learned counsel for the respondents No.6 and 7/writ petitioners, who may file rejoinders, if any, within four weeks thereafter. The impugned order dated 13.12.2017 being only interim in nature, the learned Single Judge is requested to decide the matter after examining the stand of both sides, preferably within three months from the date pleadings are completed in the writ petition.
6. The present appeal is accordingly disposed of along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 02.02.2021 JSU W.A.No.102 of 2018 Page 2 of 2