M/S Vertex Homes Private Limited vs Syed Mohamood And 2 Others
2021 Latest Caselaw 1169 Tel

Item No.48



           THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                              AND
           THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

               I.A.No.1 OF 2021 IN/AND W.A.No.83 OF 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.     The appellant has filed the present application praying inter alia for

grant of leave to file the appeal arising out of an interim order dated

18.02.2021 passed by the learned Single Judge in I.A.No.1 of 2021 moved by

the respondent No.1/writ petitioner in W.P.No.3773 of 2021.

2. Having regard to the fact that the writ petition is pending and only an

interim order has been passed by the learned Single Judge, we have enquired

from learned Senior Advocate appearing for the appellant as to whether the

appellant has taken any steps to seek impleadment in the pending writ petition

by demonstrating that it is necessary and a proper party in the said

proceedings. Learned counsel concedes that no such steps have been taken.

3. In our opinion, the appellant ought to have approached the learned

Single Judge for seeking impleadment and for vacation of the impugned

interim order, if aggrieved thereby. We decline to entertain the present

application.

4. The present application is dismissed. As a result, the appeal also stands

dismissed along with the pending applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B.VIJAYSEN REDDY, J

12.04.2021 Lrkm/pln