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2017 Supreme(SC) 47

KURIAN JOSEPH, A.M.KHANWILKAR
Hemraj Garg – Appellant
Versus
Vishranti City Residents Welfare Society – Respondent


Advocates Appeared:
For the Parties :S.D. Anand, Sr. Adv., S.K. Kapoor, Deepak Girdhar, A. Kumar, Nikhil Goel, Ms. Naveen Goel, Ashutosh G., Sanchar Anand, Apoorv Singhal, Rajiv Singhal, Arun Singh, Devendra Singh, Jayant K. Sud, Ms. Priya Puri, Ajay P. Tushir, Ranjay Dubey, M.C. Dhingra, A. Tewari, Ms. Eliza Bar, Shree Pal Singh, Sarvesh Singh, Ms. Herinder Kaur Brar, Ankit Swarup, Ms. Tanya Swarup, Ms. Kamakshi S. Mehlwal, Birendra Kumar Mishra, Ms. Poonam Atey, Advocates.

JUDGMENT

Kurian, J. - Leave granted.

2. The appellants are aggrieved by the impugned order dated 22.07.2016 passed in CWP No.14927 of 2015, which has visited the appellants with adverse consequences. It is not in dispute that the impugned orders have been passed without hearing the appellants.

3. We have considered a similar issue vide our judgment dated 11.01.2017 rendered in Civil Appeals arising out of SLP (C) Nos.28640-28641/2016.

4. Therefore, this appeal is allowed to the following extent:-

i) We direct the appellants to file an application for impleadment before the High Court within two weeks from today.

ii) We request the High Court to pass orders impleading them in the pending proceedings.

iii) We also direct the appellants to file an application for modification of the impugned order dated 22.07.2016, within a period of two weeks. If such an application is filed and if it is otherwise in order, we request the High Court to consider the said application for modification, hear the parties and pass fresh orders expeditiously and preferably within a period of three months.

5. Till the orders are passed, as above, the interim order passed by this Court on 07.10.2016 will continue to


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