Special appeal against an interim order of the learned Single Judge was dismissed. The matter was remanded to the Single Judge for final decision on merits.
The special appeal is dismissed. The appellant is directed to file a counter affidavit in the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 29
Case :- SPECIAL APPEAL No. - 72 of 2018
Appellant :- Dinesh Singh Sharthi Respondent :- C/M Patel Smarak Inter College Through Its Manager And Others Counsel for Appellant :- Mr Shailendra Singh,Mr Anil Tiwari Counsel for Respondent :- C.S.C.,Mr Balwant Singh
Hon'ble Tarun Agarwala,J. Hon'ble Saumitra Dayal Singh,J.
Having heard Sri Anil Tiwari, the learned counsel for the appellant and Sri P.N. Saxena along with Sri Balwant Singh, the learned counsel for the writ petitioner, we are of the opinion that the matter should be thrashed out and decided finally by the learned Single Judge.
Accordingly, we are not inclined to interfere in the interim order dated 01.12.2017 passed by the learned Single Judge. We dismiss the special appeal and direct the appellant to file a counter affidavit in the writ petition within a week from today. The counter affidavit shall be served upon the learned counsel for the petitioner on or before 09.02.2018. Rejoinder affidavit may be filed by 16.02.2018.
The writ petition would be listed before appropriate Court on the top of the list on 19.02.2018, on which date we request the learned Single Judge to decide the matter finally on merits.
Order Date :- 2.2.2018 A. Singh
(Saumitra Dayal Singh, J.) (Tarun Agarwala, J.)
Dinesh Singh Sharthi
C/M Patel Smarak Inter College
Tarun Agarwala
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
