NAUSHAD AHMED Vs. NIRMALA AGARWAL

JUDGEMENT

(1.) THIS application has been filed in connection with the appeal preferred from the order dated 14th August, 2007 whereby and whereunder the learned Single Judge finally disposed of the writ petition filed by the respondent No. 1 herein along with two other applications filed in connection with the said writ petition.

(2.) ADMITTEDLY, the appellant herein was not impleaded as a party to the writ petition although the said appellant was dispossessed by the Special officer pursuant to the interim order passed by the learned Single Judge before finally deciding the said writ petition.

(3.) FROM the order under appeal we find that the learned Single Judge finally disposed of the writ petition without deciding anything and kept all the points open. The application filed on behalf of the appellant herein for being added as a party respondent to the said writ petition and also for discharging the Special Officer upon handing over the possession of the flat in question to the said appellant was not considered by the learned single Judge by the aforesaid order under appeal. The other application filed on behalf of the appellant herein in connection with the said writ petition for permitting him to carry on business from the tenanted portion of the premises in question was also not allowed by the said learned Single Judge by the order under appeal and most surprisingly, the said appellant was asked to make similar prayer by making separate application before the building Tribunal of the Kolkata Municipal Corporation.