Arumalla Madhusudhan Reddy vs Jp Hospitals,
2025 Latest Caselaw 4577 Tel

Telangana High Court

Arumalla Madhusudhan Reddy vs Jp Hospitals, on 7 April, 2025

      THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
                            AND
           THE HON'BLE SMT. JUSTICE RENUKA YARA

                    WRIT APPEAL No.375 of 2025
JUDGMENT:

(Per the Hon'ble the Acting Chief Justice Sujoy Paul)

Sri Avinash Desai, learned Senior Counsel appearing for

Sri Katika Ravinder Reddy, learned counsel for the appellant and

Sri Mohd. Amir Sohail, learned counsel appearing for

Sri C.Rajeshwar Reddy, learned counsel for respondent No.1.

2. This intra Court appeal assails the interlocutory order dated

03.02.2025 passed in I.A.No.2 of 2025 in W.P.No.2337 of 2025.

3. Learned Senior Counsel for the appellant submits that in the

previous round of litigation in W.P.No.35420 of 2024, the

appellant got himself impleaded and this Court while passing the

final order on 23.12.2024 in the said writ petition, directed that

notices be issued to the petitioner and unofficial respondent as

well therein. In this backdrop and even otherwise, the appellant

was a necessary party and he was not deliberately impleaded in

W.P.No.2337 of 2025 and an ex parte interim order, which is

affecting the rights of the appellant, is being obtained.

4. In our opinion, if that is the situation, the proper remedy for

the appellant is to seek impleadment and file an application for

vacation/review of interim order in W.P.No.2337 of 2025. The

learned Single Judge will be best suited to examine the aspect

whether the appellant is a necessary party and whether the

interim order is obtained by deliberately not impleading the

appellant as a necessary party. In this view of the matter, we are

not inclined to interfere in the matter.

5. Accordingly, the writ appeal is disposed of by reserving the

liberty to the appellant to (i) file an application for impleadment

and vacation/review of the interim order and (ii) make a mention

for out of turn listing of those interlocutory applications before the

learned Single Judge.

6. We have no doubt that if such applications are filed and a

request is made before the learned Single Judge, the learned

Single Judge will look into the same.

7. With the aforesaid observation and without expressing any

opinion on the merits of the case, the writ appeal is disposed of.

No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

_________________________ SUJOY PAUL, ACJ

__________________________ RENUKA YARA, J 07.04.2025 sa/vs