SYED NAZIR AHMED Vs. VIJAY KUMAR BHAT

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent is directed against an interim order dated 05.02.2014 passed in CMA no. 349/2014 (SWP no. 256/2014), staying the operation of the transfer order dated 03.02.2014 to the extent it pertained to the writ petitioner - respondent. The application filed by the appellant has been allowed by the Writ Court to become party respondent, as is conceded by the learned counsel and the objections have also been filed in CMA no. 349/2014, which are pending consideration of the learned Writ Court.

(2.) WE do not appreciate the endeavour of the appellant to rush to the Letters Patent Bench by filing the instant appeal because the remedy before the Writ Court is still available and whatever is sought to be urged in the appeal in fact has already been urged in the objections to the writ petition and application which are pending.

(3.) THE writ petition be listed on 12.05.2014 higher up in the list. Learned counsel for the parties shall appear on that date before the learned Writ Court.