Citation : 2021 Latest Caselaw 4660 Tel
Judgement Date : 29 December, 2021
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.519 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
20.10.2020 passed in I.A.No.1 of 2019 in W.P.No.5075 of
2019 by which the learned Single Judge has directed
payment of Rs.15,000/- per month and subsequent
Rs.30,000/- per month to the writ petitioner.
In fact, the main prayer in the writ petition was to grant
payment of Rs.15,000/- per month from 06.04.2016 and
Rs.30,000/- per month from 01.06.2016 to the writ
petitioner. The learned Single Judge while passing an interim
order has granted the main relief.
In the considered opinion of this Court, as various
grounds were raised by the respondents therein, a detailed
order, taking into account all the grounds raised in the
matter, should have been passed instead of granting an
interim relief, which amounts to grant of final relief only.
Resultantly, the order passed by the learned Single
Judge is set aside and the parties are directed to appear
before the learned Single Judge on 04.01.2022 and the
learned Single Judge shall be free to pass appropriate order in
accordance with law, after hearing both the parties and after
taking into account the pleadings of the parties.
With the aforesaid, the writ appeal is disposed of.
Miscellaneous petitions, if any, shall stand closed.
There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ
______________________________ N. TUKARAMJI, J 29.12.2021 ES
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