Sri S Madhusudhan Reddy vs Komati Reddy Venkat Reddy
2021 Latest Caselaw 3030 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                        AND
            THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY


                    C.A.Nos.1, 3, 4, 5, and 6 of 2019


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

      Learned counsel for the appellants, at the outset, has drawn

the attention of this court to an order dated 19.04.2021 passed in

C.A.No.2 of 2019 arising out of C.C.No.1338 of 2018. The order

passed by the Division Bench of this court reads as under:-

      "1.      Learned counsel for the parties state in unison that in view
      of order dated 03.12.2018 passed by the Division Bench in Writ
      Appeal Nos.1062 and 1064 of 2018, no further orders are required
      to be passed in the present appeal for the reason that the order
      dated 17.04.2018 passed in Writ Petition No.8812 of 2018 was the
      subject matter of challenge before the Division Bench and the
      Division Bench had observed that the issues raised in the
      captioned writ petition did not survive for consideration since the
      Legislative Assembly itself stood dissolved and there was no
      requirement to adjudicate the said issues.

      2.       As a result, the Writ Appeal was closed with a direction
      that all interlocutory orders passed in the Writ Appeal would stand
      vacated. Similarly, the proceedings before the learned Single Judge
      in the contempt of court jurisdiction were also vacated. It was left
      open for the learned Single Judge to close the contempt case as
      nothing survived in the matter.

      3.       It is stated that despite that, the impugned order came to be
      passed on 15.02.2019 in disregard of the order of the Division
      Bench.

      4.       In view of the orders passed by the Division Bench in
      W.A.Nos.1062 and 1064 of 2018, the present Appeal is closed
      along with the pending applications, so is Contempt Case No.1338
      of 2018."




      In the light of the aforesaid order passed by the Division

Bench in identical case, nothing survives.

      The present appeals are closed.
                                   2




      The miscellaneous applications pending in the present

appeals, if any, shall stand closed.



                                       ___________________________
                                        SATISH CHANDRA SHARMA, CJ




                                       ___________________________
                                          A.RAJASHEKER REDDY, J
26.10.2021

JSU