LISA NIZAM Vs. PALLICKAL NAZEER

JUDGEMENT

(1.) This writ appeal has been filed against an interim order passed by the learned single Judge dated 03.03.2014 in Writ Petition No. 5931 of 2014. The appellant, who was the 2nd respondent in the writ petition, has filed this appeal with the grievance that appellant although was represented through counsel on the day when the matter was heard and an interim order was granted, the appellant's counsel was not given an opportunity to make submissions to oppose the grant of interim order.

(2.) It is submitted that learned single Judge erroneously observed that the respondents to the writ petition at the time of admission of the writ petition and grant of interim order has no right of audience. It is submitted that the said assumption by learned single Judge was erroneous, which has prejudiced the case of the appellant.

(3.) Learned counsel appearing for the res-pondents/ writ petitioners had supported the order and submitted that no appearance was filed on behalf of the 2nd respondent and further the respondents in writ petition had no right to oppose the admission or interim order and it is only after passing of the order they can file appearance and seek such orders as they may be advised.