M/S. S.J.H. Constructions ... vs The Union Of India
2022 Latest Caselaw 2640 Tel

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



              WRIT APPEAL No.343 of 2022

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


     The present writ appeal has been filed by the

appellant stating that it has preferred a writ petition being

aggrieved by the order dated 25.04.2022 passed under

Section 5 & 5A of the Enemy Property Act, 1968. It was

pleaded before the learned Single Judge that no notice of

any kind was issued to the owner of the property and only

because one of the son migrated to Pakistan, the property

of the father was declared as enemy property.                      There is

another writ petition preferred in the matter arising out of

the same dispute i.e., W.P.No.17018 of 2022 and the

learned Single Judge, by an order dated 07.04.2022 has

restrained the respondents therein from interfering with

the possession and enjoyment of the writ petitioner over

the subject property. A liberty was also granted to the

respondents therein to take action in accordance with law.

In the present case, i.e., W.P.No.23462 of 2022

initially an order of status quo was passed on 05.05.2022

and the matter was directed to be listed on 12.05.2022.

On 12.05.2022, the respondents in the writ petition sought

time to file reply. However, there was no mention of

continuing the order of status quo. In those

circumstances, the writ appeal was preferred.

Learned counsel for the appellant has stated before

this Court that in another identical matter in respect of the

property of Sri Abdul Majeed Khan there is already an

interim order passed in W.P.No.17018 of 2022 dated

07.04.2022 and therefore, both the matters be clubbed

together and the interim order dated 19.05.2022 passed in

the present writ appeal be continued.

Learned counsel for the respondents are also fair

enough in stating that the interim order be continued and

both the writ petitions be directed to be decided at an early

date.

Resultantly, without averting to the merits of the

case, the order dated 19.05.2022 passed in the present

writ appeal is continued. Office is directed to list

W.P.No.17018 of 2022 and W.P.No.23462 of 2022 before

the learned Single Judge having roster on 30.06.2022.

It is needless to mention that this Court has not

expressed any opinion on the merits of the case and the

respondents shall certainly be free to file an application for

vacating the interim order or any other modification of the

order passed by the learned Single Judge. The order

passed by this Court will not come in the way of the

learned Single Judge while deciding the matters/while

modifying the earlier interim orders granted in the matters.

With the aforesaid, the writ appeal stands disposed

of.

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

13.06.2022 vs