This court dismissed a writ petition as infructuous, holding that it no longer survived because it assailed an interim order arising from an Ordinary Appeal that had already been disposed of by a final order filed as C.M.A. No.530 of 2009 before this court.
No order as to costs.
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.
HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.14439 of 2007
Date: July 14, 2011
Between:
Pithani Surayamma … Petitioner
And
1. The Deputy Commissioner, Endowment Department, Kakinada & 2 others. … Respondents
HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.14439 of 2007
O R D E R:
This writ petition was filed assailing the order dated 26.12.2006 passed by the Deputy Commissioner, Endowments Department, Kakinada, in O.A. No.60 of 2006 filed under Section 87 (i)(h) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987.
2. This Court, by order dated 26.7.2007, granted interim stay of all further proceedings pursuant to the impugned order dated 26.12.2006.
3. It is not in dispute that the impugned order dated 26.12.2006 was by way of an interim order pending the O.A. O.A. No.60 of 2006 was itself dismissed by order dated 28.4.2009 and it is stated that the said order is under challenge in C.M.A. No.530 of 2009 before this Court.
4. In that view of the matter, arising out of an interim order in an O.A., which has been disposed of thereafter, this writ petition no longer survives. The parties would necessarily have to work out their disputes in the proceedings said to have been instituted against the final order in the O.A.
5. The writ petition is accordingly dismissed. In the light of this final order, no further orders are required in the miscellaneous applications which are accordingly dismissed as infructuous. No order as to costs.
___________________ SANJAY KUMAR, J
Date: July 14, 2011. BSB
1 issue framed by the court
Whether a writ petition filed against an interim order survives when the underlying Ordinary Appeal has been subsequently dismissed?
1 provisions across 1 enactments
Pithani Surayamma
The Deputy Commissioner, Endowment Department, Kakinada
2 others
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
