THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY
WRIT APPEAL No.613 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
04.10.2021
passed in W.P.No.17940 of 2021 by the learned Single Judge.
The facts of the case reveal that the writ petition was preferred by the appellants/writ petitioners challenging the proceedings dated 29.06.2021 in a revenue case by which an order was passed to delete the names of the writ petitioners from the revenue record in the possession column.
The learned Single Judge has dismissed the writ petition and has also observed that a civil suit is pending between the parties and the parties shall be free to adduce the evidence before the civil Court.
Learned counsel for the parties have fairly stated before this Court that the present writ appeal be disposed of with a liberty to the parties to adduce the evidence before the trial Court and the trial Court shall be free to decide the matter on merits keeping in view the evidence adduced and the order passed by the learned Single Judge will not come in the way of the trial Court while delivering a judgment and decree. 2
Resultantly, the writ appeal stands disposed of with liberty to the parties to prosecute the civil suit, which is pending between them, before the trial Court.
Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ A. RAJASHEKER REDDY, J 25.11.2021 ES