Boini Venkatesham vs Kondu Ramaiah
2022 Latest Caselaw 748 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                    AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



                WRIT APPEAL No.773 of 2019

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


     The present writ appeal is arising out of an interim

order dated 28.12.2018 passed by the learned Single Judge in

I.A.No.1 of 2018 in W.P.No.23434 of 2018.

     The facts of the case reveal that the appellate authority

has exercised the powers suo motu by registering an appeal

and was proceeding ahead in the matter and in those

circumstances, as there was no provision for suo motu

exercise of appellate powers, the learned Single Judge has

granted an interim order.

     Before this Court also the learned counsel for the

appellant (respondent No.4 in the writ petition) was requested

to bring to the notice of this Court the provision relating to

suo motu exercise of appellate power. He is fair enough in

stating before this Court that there is no such statutory

provision.

In the light of the aforesaid, this Court does not find any

reason to interfere with the order passed by the learned

Single Judge. However, it is made clear that this Court has

not expressed any opinion on the merits of the case and the

parties shall be free to raise all possible grounds before the

learned Single Judge. This Court does not find any reason to

vacate the interim order granted by the learned Single Judge.

Office is directed to list W.P.No.23434 of 2018 before the

learned Single on 29.03.2022 and the learned Single Judge is

requested to decide the matter at an early date.

The writ appeal is accordingly dismissed.

The miscellaneous applications pending, if any, shall

stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J

17.02.2022 vs