Shafiullaha Khan vs Yousuf Nawaz Khan
2025 Latest Caselaw 4643 Tel

Telangana High Court

Shafiullaha Khan vs Yousuf Nawaz Khan on 8 April, 2025

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

                          WRIT APPEAL Nos.381 and 384 of 2025

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


                    Sri   M.S.   Farhan,   learned   counsel   for   the   appellant;

       Sri Apurva M. Gokhale, learned counsel for respondent No.1;

Sri E. Venkata Reddy, learned Government Pleader for Municipal

Administration and Urban Development, for respondent No.2 and

Sri Balu Dudekula, learned counsel represents Sri Raparti Venkatesh,

learned Standing Counsel for GHMC, for respondent Nos.3 and 4.

2. These intra-court appeals take exception to interlocutory

orders dated 04.03.2025 and 21.02.2025 respectively passed by a

learned Single Judge in W.P.Nos.6503 and 5339 of 2025 respectively.

3. The present appellant is a party to the writ petitions but

without hearing him, learned Single Judge has passed the impugned

interim orders. The appellant, in this backdrop, should file

applications for vacating stay and put forth his defense before the

learned Single Judge.

4. The Supreme Court in Shah Babulal Khimji v. Jayaben

D.Kania 1, Midnapore Peoples' Coop. Bank Ltd. v. Chunilal Nanda2

1981 AIR 1786

and Shyam Sel And Power Limited v. Shyam Steel Industries

Limited 3, opined that the intra-court appeal is not maintainable

against an interlocutory order unless that interlocutory order has an

element of finality. The said judgments were recently followed by this

Court in W.A.No.82 of 2025 and batch.

5. In the instant case, there is no such order which has element

or character of finality. If the appellant prefers applications for

vacating stay and his defense, learned Single Judge can very well

examine the present appellant's grievance. Thus, these intra-court

appeals are not maintainable and are accordingly disposed of by

reserving liberty to the appellant to file appropriate applications before

the writ Court. It is made clear that this Court has not expressed any

opinion on merits of the cases. No costs.

Interlocutory applications, if any pending, shall also stand

closed.

___________________ SUJOY PAUL, ACJ

____________________ RENUKA YARA, J

Date: 08.04.2025 Myk/Tsr

(2006) 5 SCC 399

2022 LiveLaw (SC) 282