HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.777 OF 2014 DATED:5.6.2014 Between:
Md. Naseeruddin Khan … Appellant And The State of Wakf Board Rep. by its Chief Executive Officer Opp. Public Garden, Haj House Nampally Hyderabad and another … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.777 OF 2014 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is preferred against the order of summary dismissal of the interlocutory application by the learned trial Judge. The learned trial Judge in the impugned order recorded that there is suppression of material fact by the appellant – petitioner. This fact finding cannot be upset by this Court in the appellate jurisdiction. Therefore, we dismiss the appeal on that ground. However, we give liberty to the appellant to approach the Hon’ble trial Judge with a suitable application. There will be no order as to costs.
Consequently, pending miscellaneous petitions, if any, shall also stand dismissed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 05.6.2014 bnr