Pedda Bazar Sanjeevaiah Park ... vs Rajaka Sangh
2021 Latest Caselaw 4390 Tel

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


                     WRIT APPEAL No.421 of 2019

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




      The present writ appeal is arising out of order dated

23.04.2019

passed in I.A.No.1 of 2019 in W.P.No.6570 of

2019 by the learned Single Judge.

The facts of the case reveal that the present appellant

has filed a civil suit i.e., O.S.No.286 of 2018 seeking a

declaration that the Modern Mechanized Laundry Unit at

Dhobi Ghat, Phast-II, Sikh Village, Secunderabad, be handed

over to it and the civil suit is still pending. During the

pendency of the civil suit, a writ petition was preferred by writ

petitioner/Rajaka Sangh for a direction to the State of

Telangana to hand over the unit to them. An interim order

was passed by the learned Single Judge directing handing

over of the Modern Mechanized Laundry Unit to the writ

petitioner. Against which the present writ appeal was

preferred and the interim order passed by the learned Single

Judge has been stayed.

Learned counsel appearing for the appellant has stated

before this Court that unless and until the civil suit is decided

or the writ petition is decided on merits, the unit cannot be

handed over to the Rajaka Sangh.

This Court after careful consideration of the documents

on record is of the opinion that the writ petition deserves to

be decided on merits because the relief, which has been

granted by way of interim order, is, in fact, a final relief. The

appellant was also not a party in the writ petition.

Resultantly, the interim order granted by the learned

Single Judge dated 23.04.2019 passed in I.A.No.1 of 2019 in

W.P.No.6570 of 2019 is hereby set aside. The appellant is

granted permission to file an implead application before the

learned Single Judge and the learned Single Judge is

requested to decide the matter on merits after hearing all the

parties.

With the aforesaid, the writ appeal stands disposed of.

List the writ petition on 27.12.2021 before the Bench

having the roster.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ N. TUKARAMJI, J 16.12.2021 ES