Mythyala Sudakar Sudarshan vs Mythyala Ashok Kumar
2021 Latest Caselaw 4237 Tel

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

                               W.A.No.625 of 2021


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



        The present writ appeal is arising out of the order dated

25.10.2021 passed by the learned Single Judge in W.P.No.26284 of

2021.

        The undisputed facts of the case reveal that the writ petition

was preferred by Sri Musthyala Ashok Kumar impleading the

present appellant as respondent No.8 in the writ petition.                         The

matter relates to land dispute and the undisputed facts also reveal

that there is another writ petition filed between the parties i.e.,

W.P.No.20193 of 2021 in which even an order of status quo was

passed on 09.09.2021.

The grievance of the appellant is that the learned Single

Judge decided the matter without issuing notice to him and

without hearing him, and there is another writ petition pending

between the same parties.

In the considered opinion of this court, as the present

appellant has not been heard by the learned Single Judge and

there is another writ petition pending between the parties

i.e.,W.P.No.20193 of 2021, the impugned order passed by the

learned Single Judge is set aside. Office is directed to list

W.P.No.26284 of 2021 on 28.12.2021 before the learned Single

Judge having roster, along with W.P.No.20193 of 2021, and the

learned Single Judge is requested to hear both the matters

together and to pass appropriate orders in accordance with law.

With the aforesaid, the writ appeal stands allowed.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

_______________________ N. TUKARAMJI, J 09.12.2021 JSU