Maddala Panduranga Prasad vs Kokanukonda Raja Bhanu
2023 Latest Caselaw 1209 AP

     THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
                          &
         THE HON'BLE SRI JUSTICE V. SRINIVAS

           Writ Appeal Nos.286 & 287 of 2023

COMMON JUDGMENT:


     A prima facie reading of the order impugned shows

that respondent No.6 is not even put on notice before the

order was passed.

Learned senior counsel appearing for the appellants

submits that valuable rights of respondent No.6 are

infringed because an ex-parte order was passed without

ordering notice. In writ appeal No.287 of 2023 inter se the

same parties, the interim order granted earlier is being

continued, despite the vacate stay petition filed (I.A.No.2 of

2022). This Court feels that as the vacate stay petition is

filed, learned Single Judge should take up the matter and

decide the same. Entertaining the appeal against the

interim order is an exception rather than the rule.

Therefore, in W.A.287 of 2023, the learned single Judge is

requested to take up the hearing of the matter and decide

the same on priority.

Sri Srinivasa Rao Bodduluri, learned counsel for the

respondent No.1 agrees to argue the matter on merits

without seeking any adjournment.

In view of the above, this Court is of the opinion that

keeping both the writ appeals pending is not really called

for.

Both the writ appeals are disposed of requesting the

learned single Judge to take up the hearing on a priority.

Both the learned counsel agree to argue the matter on

merits within one week. There shall be no order as to

costs.

As a sequel, Miscellaneous Applications, if any,

pending shall also stand dismissed.

________________________________ JUSTICE D.V.S.S.SOMAYAJULU

_____________________ JUSTICE V. SRINIVAS

Date: 01.03.2023 AG

THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU & THE HON'BLE SRI JUSTICE V. SRINIVAS

Writ Appeal Nos.286 & 287 of 2023

Dated: 01.03.2023 AG