M.Palanisamy v. Kushal Chand Jain

W.M.P. No. 3098 of 2022 in W.P. No. 14541 of 2021 V.BHARATHIDASAN . J, This Writ Miscellaneous Petition has been filed to grant leave to file a petition to set aside the order passed in W.P.No.14541 of 2021, dated 15.07.2021 and also to modify the order.

2. Earlier, this court disposed the Writ Petition filed by respondents herein to consider their representations for grant of patta in respect of property in Survey No.403/9, Padaveedu Village, Kumarapalayam, Namakkal District and this Court by an order dated 15.07.2021 directed the 2nd respondent therein to conduct enquiry and pass suitable orders within a period of twelve weeks. However, the Petitioner's vendor filed a suit for specific performance and obtained exparte decree. Thereafter, the Petitioner's vendor has purchased the property. Subsequently, the suit was positively decreed and appeal was also dismissed. Further, the present petitioner has filed a suit in O.S.No.144 of 2021 to set aside the sale deed executed in favour of writ petitioners and the same is pending.

3. According to the petitioner, suppressing all those facts, even without impleading him as party, the order has been passed by this Court. Hence, he wants to set aside the order.

4. Today, when the above petition taken up for hearing, it is stated that, pursuant to the order passed by this Court in W.P. No. 14541 of 2021, the 2nd respondent Zonal Deputy Tahsildar therein had passed an order dated 18.02.2022, to maintain status quo till the disposal of the suit filed by the present petitioner.

5. Considering the fact that, the 2nd respondent Zonal Deputy Tahsildar therein had passed an order, now the order passed by them has been worked out. At this stage, the prayer sought by the petitioner cannot be granted. Hence, this Writ Miscellaneous Petition is dismissed. However, liberty is granted to the petitioner to challenge the order if he so aggrieved. 27.04.2022 rpp

V.BHARATHIDASAN, J.

rpp W.M.P.No.3098 of 2022 in W.P. No.14541 of 2021 27.04.2022