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2022 Supreme(Mad) 293

MUNISHWAR NATH BHANDARI, D.BHARATHA CHAKRAVARTHY
R. Sriram – Appellant
Versus
R. Swarna – Respondent


Advocates:
Advocate Appeared:
For the Appellant :K. Thiruvengadam, Advocate.

JUDGMENT :

Munishwar Nath Bhandari, J.

(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 05.10.2021 passed by the learned Single Judge, in Writ Petition No.21180 of 2018 on the file of this Court.)

1. By this writ appeal, a challenge is made to the order dated 05.10.2021 passed in W.P.No.21180 of 20218, whereby the writ petition filed by the non-appellant was disposed of.

2. A perusal of the impugned order shows that a direction was issued to the competent authority, namely the Sub-Registrar, Veppanapalli, Krishnagiri Taluk to cause notice on the writ petitioner/non-appellant as well as the appellant over the subject-property; to conduct a detailed enquiry; and, pass orders on merits, after giving them an opportunity of hearing to both of them.

3. Learned counsel for the appellant submitted that the writ appeal has been filed mainly on the ground that the writ petitioner/non-appellant was having remedy, but without exhausting that remedy, the writ petition has been filed and therefore, the writ petition ought to have been dismissed by the learned Single Judge.

4. We have considered the submissions made by learned counsel for the appellant and perus

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