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  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                   AND
          THE HON'BLE SRI JUSTICE N. TUKARAMJI


                 WRIT APPEAL No.417 of 2019


JUDGMENT:   (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of the order

dated 15.05.2019 passed in W.P.No.10198 of 2019.

     The facts of the case reveal that the present

appellant is having an agreement with the respondent

No.1 in respect of the premises which was in possession

at the relevant point of time with the respondent No.1.

Learned counsel for the appellant has argued before this

Court that the possession is also in dispute. He has

stated before this Court that without impleading the

present appellant, the writ petition was filed stating that

Police is trying to interfere with the peaceful possession

and an interim order was passed on 15.05.2019 in

W.P.No.10198 of 2019.

The present appeal is preferred by the appellant

stating that they are also necessary party in the writ

petition and without their impleadment, the writ petition

was preferred and the interim order was granted by the

learned Single Judge.

The Division Bench of this Court has suspended the

order passed by the learned Single Judge by an order

dated 22.05.2019. Meaning thereby, the impugned

interim order is no longer in force.

Resultantly, without averting to the merits of the

case, the present writ appeal stands disposed of with a

direction to the respondent No.1 to implead the present

appellant as respondent in the writ petition and the

learned Single Judge is requested to hear both the

parties and to pass appropriate orders in accordance

with law. The interim order passed by the learned Single

Judge dated 15.05.2019 is set aside. The parties shall be

free to argue the grounds before the learned Single Judge

and this Court has not observed anything on merits. The

parties shall appear before the learned Single Judge on

27.12.2021.

Office is directed to list the writ petition before the

learned Single Judge having roster on 27.12.2021.

The miscellaneous applications pending in this writ

appeal, if any, shall stand closed. There shall be no

order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ N. TUKARAMJI, J 09.12.2021 vs