passed by the 2M respondent, a copy of . which is
produced at Annexure ‘D’.
2. The main gievance of the petitioner
is that respondent No.2 has passed ‘_ ..
Annexure ‘D’ without notice to
that he was not even a pa1ty.*to__. ,
there is a clear violation of’
justice.
3. Mr.A.;.; V appearing
for the petitioner is not
the ownefiof mas’ much as a suit
for ‘c§_.eel.a.1’a!’:.io:2,. the petitioner has been
the matter went up to the Apex Court:
has confirmed the judgment and
k . decree of the Trial Court: holding that the petitioner is
W the Voemer of the property. Henm, the question of
_ a notice would not arise.
4. It is often said that before a person is hanged,
at’
he shouid be heard. Indeed that should be the fl
-4-
tenor of principles of naturai justice. Indeed it is to be
noticed that the petitioner was not a party :’
proceedings before the 2nd respondent. =
Annexure ‘A’ stems from the order»ipe_ssect it it
‘D’. The petitioner, in the circumstances oirg1it.to_
been heard for whatever it is been
done. Consequently,
(al Fe ”
(b) consequential dis-
A' ismnexure 'A' stand
eqmed.:»i
(c) ‘i’fie.. remitted to the 2nd
it flesh disposal in accordance
V. 47 H ‘vV’fi.it:Vr’i.V’i:$§’i..’
.’ as well as respondent No.3 shall
it ~ before respondent No.2 on 6th July
2009 and the 2″” respondent shall conclude
the procmdings on or before 318′ July 2009.
Rule is issued and made absolute. j/
Z
5. Misc.W.5483/2009 does not sL1rvive_…___for
considemtion, since the main petition itself is
of. Hence, Misc. w.5433/2009 stands disposga fig