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Judgment
10 paragraphs · 264 wordsKurian, J. - Leave granted.
The appellant is aggrieved by the impugned order dated 22.07.2016 passed in CWP No.14927 of 2015. It is not in dispute that the appellant has not filed any application for impleadment before the High Court, though, the appellant made an attempt by way of an application for intervention. However, in view of the fact that the appellant is likely to be visited with adverse consequences, we are of the view that the appellant should approach the High Court for modification of the order.
We have taken a similar view vide our judgment dated 11.01.2017 rendered in Civil Appeals arising out of SLP (C) Nos.28640-28641/2016.
For all the above reasons, this appeal is allowed to the following extent:-
i) We direct the appellant 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 him 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.
Till the orders are passed, as above, the interim order passed by this Court on 26.10.2016 will continue to operate.
There shall be no order as to costs.
Pending application(s), if any, shall stand disposed of.