Syed Karar Ali Khan S/O Late Syed Jafar Ali Khan v. Shareefunnisa Begum ,), Shazan W/O Mohd. Manzoor Ahmed
HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No.41 of 2016 Dt:27.01.2016 Between:
Syed Karar Ali Khan.
... Appellant And Shareefunnisa Begum and others.
... Respondents
HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No.41 of 2016 PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the parties.
This appeal is directed against the order, dated 06.11.2015, passed in W.P.No.37031 of 2012. By this order, the writ petition filed by respondent No.1 has been disposed of with direction to the District Collector, Hyderabad-respondent No.2 to dispose of the representation, dated 14.03.2006, within timeframe. Mr.Vijaysen Reddy, learned counsel for the appellant submits that the appellant would be satisfied if he is allowed to intervene in the proceedings, namely hearing of the representation, dated 14.03.2006, as per the impugned order and oppose the prayer made in the representation.
We have perused the impugned order.
It appears, civil proceedings are pending between the appellant and respondent No.1. Respondent No.1 had filed O.S.No. 1310 of 2011 for permanent injunction against the appellant. We are informed that the suit came to be dismissed and now the appeal is pending. In the appeal, no interim order is passed.
Keeping that in view and considering the nature of order passed by learned Single Judge, we are satisfied that the following order shall
meet the ends of justice.
"It is open to the appellant to intervene before respondent No.2, who is directed to decide the representation of respondent No.1, and oppose the prayer made therein. It is needless to mention that respondent No.2 shall consider the appellant's objections and if necessary, grant an opportunity of being heard to both, the appellant and respondent No.1. All contentions on merits are kept open." With these observations, the writ appeal is disposed of. Consequently, miscellaneous petitions, if any, also stand disposed of.
_________________________ DILIP B. BHOSALE, ACJ ________________________ S.V. BHATT, J Dt:27.01.2016 kdl