Dr. M. Sharath Chandra Reddy vs M. Janardhan Rao And 20 Others
2021 Latest Caselaw 4054 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                              AND
              THE HON'BLE SRI JUSTICE N. TUKARAMJI
                                W.A.No.442 of 2021
JUDGMENT:       (Per the Hon'ble the Chief Justice Satish Chandra Sharma)



      The present writ appeal is arising out of the order dated

03.06.2021 passed by the learned Single Judge in I.A.No.4 of 2021

in W.P.No.6893 of 2021.

      The undisputed facts of the case reveal that an order was

passed on 19.03.2021 deciding the writ petition and thereafter, an

application i.e., I.A.No.4 of 2021 was preferred by respondent

Nos.10 to 14 in the writ petition, stating that the writ petitioners

have filed forged and fabricated documents in order to mislead the

court and based upon the forged and fabricated documents, the

order dated 19.03.2021 was passed by the learned Single Judge.

The learned Single Judge after verifying the record, in the

concluding paragraph, has held as under:-

"Having regard to the above mentioned facts and circumstances and in view of the ratio laid down by the Hon'ble Supreme Court in the above referred judgments, this Court is of the opinion that the writ petitioners have suppressed the material fact, filed a manipulated copy of the order passed in W.P.No.21342 of 2003 to obtain favourable orders from this Court and this Court is also of the firm opinion that the writ petitioners have approached this Court with unclean hands. The order dated 19.03.2021 is liable to be recalled and set aside. As discussed above, this court is not inclined to go into the other issues raised by both the parties with regard to the rival title and possession, as they are all disputed questions of fact and there are no pleadings to support the various contentions raised. Unless and until the writ petitioners amend the pleadings, the documents filed by them cannot be gone into.

Accordingly, I.A.No.4 is allowed and the order dated 19.03.2021 passed by this Court is recalled and W.P.No.6893 of 2021 is restored to its file."

The finding of fact arrived at by the learned Single Judge

makes it very clear that manipulated copy of the order passed in

W.P.No.21342 of 2003 was filed by the writ petitioners and based

upon the manipulated copy, the learned Single Judge has passed

the order dated 19.03.2021 and in those circumstances, the order

has been recalled and W.P.No.6893 of 2021 has been restored to

file.

This court, in the light of the categorical finding of the

learned Single Judge that false and fabricated order was filed

before him and he has recalled the order dated 19.03.2021, is of

the opinion that the impugned order passed by the learned Single

Judge does not warrant any interference.

The writ appeal is dismissed.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

_______________________ N. TUKARAMJI, J 01.12.2021 JSU