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Supreme Court - Daily Orders

Hafez Baba Nagar Weaker Section Welfare ... vs Sultan Mohinuddin (Died As Per Lrs.) on 16 November, 2018

Bench: D.Y. Chandrachud, M.R. Shah

     ITEM NO.16                                  COURT NO.13                 SECTION XII-A

                                      S U P R E M E C O U R T O F       I N D I A
                                              RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 36389/2018

     (Arising out of impugned final judgment and order dated 13-04-
     2018 in WP No. 26022/2009 passed by the High Court Of Judicature
     At Hyderabad For The State Of Telangana And The State Of Andhra
     Pradesh)

     HAFEZ BABA NAGAR WEAKER SECTION WELFARE
     ASSOCIATION                                                            Petitioner(s)

                                                          VERSUS

     SULTAN MOHINUDDIN (DIED AS PER LRS.) & ORS.                             Respondent(s)

     (FOR ADMISSION and I.R. and
     IA No.158688/2018-CONDONATION OF DELAY IN FILING SLP and
     IA No.158689/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.158686/2018-PERMISSION TO FILE PETITION (SLP)


     Date : 16-11-2018 This petition was called on for hearing today.


     CORAM :
                              HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                              HON'BLE MR. JUSTICE M.R. SHAH


     For Petitioner(s)                           Mr. V. Giri, Sr. Adv.
                                                 Mr. Ananga Bhattacharyya, Adv.
                                                 Mr. Rohit Rao.N., Adv.
                                                 Mr. Kiran K. Kumar, Adv.
                                                 Harshita Bhatnagar, Adv.
                                                 M/S Veritas Legis, AOR

     For Respondent(s)


                               UPON hearing the counsel the Court made the following
                                                  O R D E R
Signature Not Verified

Learned Senior Counsel appearing for the petitioner Digitally signed by VISHAL ANAND Date: 2018.11.20 seeks 18:02:59 IST Reason: to withdraw the application for permission to file a Special Leave Petition so as to enable him to move the High : 2 : Court by way of review for clarification of the order. His specific submission is that while on the one hand, the High Court observed in para 10 that this order will not bind third parties, yet in para 15 it has been observed that third parties have no semblance of a right to remain in possession. Leave is granted to the learned Senior Counsel for the petitioner to withdraw the application for permission to file the Special Leave Petition and move the High Court by way of review.

In the event the petitioner is aggrieved by the review order of the High Court, it would be open to it to file a fresh special leave petition challenging both the original order as well as the order in review. We clarify that we have expressed no opinion on the merits of the grievance.

Ordered accordingly.

(GEETA AHUJA)                              (SAROJ KUMARI GAUR)
COURT MASTER (SH)                             BRANCH OFFICER