Item No.1
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.9 OF 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1.
The appeal is listed for dismissal today for the reason that for two running dates none had appeared on behalf of the appellants. Today, learned counsel for the appellants logs into the hearing and offers frivolous excuses for his absence on earlier dates. While cautioning learned counsel for the appellants to be more careful in the future, the appeal is taken up for admission.
2. The appellant is aggrieved by the order of status quo dated 15.12.2020 passed by the learned Single Judge in W.P.No.19839 of 2020. Learned counsel for the appellants states that as the facts of the instant case were similar to the facts of W.P.No.17437 of 2020 where, an order was passed on 06.10.2020 disposing of the writ petition filed by the petitioner therein, instead of passing any interim orders, the learned Single Judge ought to have disposed of the writ petition filed by the appellants on the very same lines.
3. We are of the opinion that the present appeal as filed is not maintainable, that too in respect of an interim order of status quo passed by the learned Single Judge.
4. At this stage, learned counsel for the appellants seeks leave to withdraw the present appeal while reserving the right of his clients to W.A.No.9 of 2021 Page 1 of 2 2 move an appropriate application in the writ proceedings for seeking disposal of the writ petition in terms of an order dated 06.10.2020 passed in W.P.No.17437 of 2020.
5. Leave, as prayed for, is granted. The present appeal is disposed of as not pressed along with the pending applications, if any. It is made clear that this court has not made any observations on the merits of the case. It is left open to the appellants/writ petitioners to persuade the learned Single Judge to pass a similar order, as was passed in the captioned writ petition.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 17.06.2021 Lrkm/pln W.A.No.9 of 2021 Page 2 of 2