Shaik Hussain v. M/S. Dharani Industries (A Property Concern),

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO Writ Appeal No.54 of 2015 DATED:06.02.2015 Between:

Shaik Hussain, Vijayawada, Krishna District.

... Appellant And M/s. Dharani Industries, Kondapally, Ibrahimpatnam and others.

....Respondents

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO, J Writ Appeal No.54 of 2015 Judgment: (per the Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta) Learned counsel for the 1st respondent-writ petitioner, who appeared in this matter, on instructions, submits that the impugned judgment and order of the learned trial Judge dated 26.12.2014, passed in Writ Petition No. 21130 of 2014 may be set aside and he also suggests that the said writ petition may be heard analogously with another writ petition, being Writ Petition No. 22849 of 2013, which is still pending for hearing.

We accept his suggestion. Accordingly, after setting aside the impugned judgment and order of the learned trial Judge, we request the learned trial Judge to hear both the matters together and analogously.

The question of maintainability of the writ petition on the ground of alternative remedy is kept open. We have not decided nor observed on any point in issue.

The writ appeal is accordingly disposed of.

Consequently, the miscellaneous applications, if any pending, shall also stand closed. No order as to costs. __________________ K.J. SENGUPTA, CJ ________________________

M.S. RAMACHANDRA RAO, J 6th February, 2015 Pnb