(Per : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN) Heard learned counsel for the parties.
In our view, there is no necessity to keep this Letters Patent Appeal pending which is filed against the order 05.10.2004 passed in Miscellaneous Civil Application No. 883 of 2002 in Special Civil Application No.9779 of 2001. Learned Single Judge could not pass any order in Miscellaneous Civil Application since a Division Bench has already passed interim order on 15.10.2004 in Letters Patent Appeal.
Considering the fact that Special Civil Application and Miscellaneous Civil Application are pending, interim relief granted earlier will continue leaving it open to the learned Single Judge to pass appropriate orders in Miscellaneous Civil Application. It is also open to the learned Single Judge to hear the Special Civil Application early since it is of the year 2001.
(K.S.
RADHAKRISHNAN, C.J.) (AKIL KURESHI, J.) [sn devu] pps Top