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(2023) Law Today Live Doc. Id. 18946
Decided on: 20.02.2023
For Petitioner(s):
Mr. Siddhartha Dave, Sr. Adv., Mr. Shiv Mangal Sharma, Adv., Mr. Tattvam K. Patel, Adv., Ms. Chakshu Purohit, Adv., M/s. Aura & Co., AOR
For Respondent(s):
Ms. Deepanwita Priyanka, AOR
Constitution of India, Article 136 -- Interim order by Single judge – Letter Patent Appeal against interim order – Special Leave Petition -- It would be appropriate that the main dispute itself pending adjudication before the learned single Judge be decided on merits -- Pendency of the LPA before the Division Bench of the High Court against an interim order will serve no useful purpose -- LPA stands dismissed, Ld. Single Judge of the High Court requested to decide the proceedings on its own merits expeditiously preferably within a period of three months -- Status quo ordered to be maintained.
(Para 2-6)
ORDER
1. We have heard learned counsel for the parties.
2. Against an Interim order dated 10.04.2017 passed by the learned single Judge of the High Court in Special Civil Application No.6950/2017 filed by the petitioner(s) herein in respect of the mutation entries, the respondent-State went up in Letters Patent Appeal. The Division Bench of the High Court vide order dated 12.04.2017, stayed the interim order passed by the High Court against which the present special leave petition has been filed.
3. Learned counsel for the parties do not dispute the fact that in the facts and circumstances, it would be appropriate that the main dispute itself pending adjudication before the learned single Judge be decided on merits.
4. In our considered opinion also, the dispute between the parties requires to be adjudicated on merits and the pendency of the LPA before the Division Bench of the High Court against an interim order passed by the learned single Judge will serve no useful purpose.
5. Accordingly, the said LPA stands dismissed. The learned single Judge of the High Court is requested to decide the proceedings of Special Civil Application No.6950/2017 pending between the parties on its own merits expeditiously preferably within a period of three months from today.
6. Status quo in respect of the entries in the revenue record in respect of the disputed property and nature and possession of the property as it exists today shall be maintained by both the parties.
7. With the aforesaid observations and directions, the special leave petition stand disposed of. Pending application(s), if any, shall also stand disposed of.
Order accordingly.
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