WA/2596/2005 of Sri Varaha Lakshmi Narsimha Swamy Vari Devasthanam Vs D.V.R.K.V. Prasad Raju S/o Pullam Raju on 30 December 2005

::JUDGMENT::

Counsel for the Appellant :MR.M. Adinarayana Raju Counsel for the Respondent No.1 : Mr. Vijaya Bhaskar Moola Counsel for the Respondents.2 and 3: Mr. P. LAKSHMA REDDY, GPFOR ENDOWMENTS

th30December, 2005

Per G.S. Singhvi, CJ

This appeal is directed against order dated 5.12.2005 passed by the learnedSingle Judge in W.P.M.P. No. 20926 of 2005 filed by Respondent No.1 in Writ Petition No. 16472 of 2005.

The principal ground on which the appellant has questioned the order of the learnedSingle Judge is that the direction contained therein amounts to final adjudication ofthe writ petition filed by Respondent No.1 and this could not have been done whiledisposing of application filed under Section 151 of the Civil Procedure Code forgrant of interim relief.

Learned counsel for respondent No.1 submitted that the Division Bench may notinterfere with the order under appeal because the State Government andCommissioner of Endowments Department have already filed an application beforethe learned Single Judge for vacating order dated 5.12.2005. He also stated that tillthe decision of that application, his client will not press for implementation of orderdated 5.12.2005 which is under challenge.

In view of the above, the appeal is disposed of with the observation that the partiesmay appear before the learned Single Judge and make their respective argumentson the application filed by the Government of Andhra Pradesh and Commissioner ofEndowments for vacating order dated 5.12.2005 and till the decision of thatapplication, the order under challenge shall not be enforced by 1[st] respondent.

Date: 30[th] December, 2005

G.S. SINGHVI, CJ

R. SUBHASH REDDY, J

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