Chandrasekhar Vege vs K.Cyhandra Praksh,
2022 Latest Caselaw 2737 Tel

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

                     WRIT APPEAL No.1020 OF 2016

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

        The present writ appeal is arising out of the interim order

dated 29.09.2016 passed by the learned Single Judge in

W.P.No.32597 of 2016.

        The undisputed facts of the case reveal that in respect of

property dispute between the writ petitioners and respondent

No.5 in the writ petition, the writ petitioners came up before the

learned Single Judge alleging that the Assistant Commissioner

of Police and the Station House Officer are trying to interfere in

the civil dispute and in those circumstances, the learned Single

Judge has granted an interim order restraining the police from

interfering in the civil litigation. Thereafter, the writ appeal was

preferred in the matter and this Court has granted status quo

on 03.01.2016. On 06.10.2016, this Court was informed about

two criminal cases i.e., Crime Nos.525 and 555 of 2016 and the

police authorities were directed to take steps in accordance with

law. After 2016, no steps were taken for listing of the matter.

In the considered opinion of this Court, so far as criminal

cases are concerned, remedy lies somewhere else and not a writ

appeal. So far as the civil dispute is concerned, the matter is

pending before the learned Single Judge and therefore, the

learned Single Judge is requested to decide the writ petition

itself in accordance with law at an early date.

Office is directed to list W.P.No.32597 of 2016 before the

learned Single Judge having roster on 11.07.2022 on which

date the parties shall be appear before the learned Single Judge.

It is made clear that this Court has not observed anything on

merits of the case.

With the aforesaid, the writ appeal stands disposed of.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

14.06.2022 JSU