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Judgment
V.G. Sabhahit, J.—Heard the learned Sr. counsel for the appellant who is respondent No. 1 in W.P No. 8725/2007 and the learned senior counsel appearing for the writ petitioners-respondents in this appeal.
Learned Counsel for the respondents has filed objection statement for application for interim order.
W.P. No. 8725/2007 was filed by the first respondent herein for a direction to the Corporation to transfer katha in respect of the schedule property in the name of the members of the petitioners-respondents herein. By order dt. 08.06.2007 Emergent notice was ordered and interim stay of the katha in respect of Municipal No. 134 issued in favour of the 1st respondent Annexure ''H''. Thereafter by order dt. 15.3.2010 the learned Single Judge passed the order stating that the matter shall be treated as part heard and directed to post the matter on 18.3.2010 and on 18.3.2010 the following order is passed:
Sri Vishwanath, learned Counsel for the Corporation submits that the Commissioner has taken a serious notice and is in the process of passing orders restraining the respondent from erecting further construction of the building or completion of the building and would not issue either completion certificate or occupancy certificate until further orders of this Court.
Recording the submission, post the Writ Petition for further hearing after summer vacation as I have been drafted to head the Bench at Dharwad for five weeks.
The affidavit of the Commissioner is taken on record.
Being aggrieved by the order dt. 18.3.2010 consequent to the order dt. 15.3.2010 treating the matter as part heard, this appeal is filed by the first respondent.
It is the apprehension of the appellant herein that the applications have been filed for grant of occupancy certificate and vacating the interim order and the same has not been posted before the roster Judge as the matter is treated as part heard vide order dt. 15.3.2010 and by order dt. 18.3.2010 the learned Single Judge of this Court has observed that since he will be sitting at Circuit Bench at Dharwad for five weeks, the matter shall be posted after summer vacation.
It is well settled that in view of the fact that Hon''ble Judges of this Court will be going to sit in the Circuit Benches at Dharwad and Gulbarga on rotation and if the applications are filed in the matters as in the present case, the Hon''ble Chief Justice will pass appropriate orders for posting the matter before the roster Bench sitting in Principal Bench at Bangalore. Similar order was passed in Writ Petition No. 27034/2009 and the same has been confirmed by the Supreme Court. In view of the said order passed by this Court which has been confirmed by the Hon''ble Supreme Court, following the reasons assigned in the said order, we hold that the Registrar (Judicial) shall take steps to post the matter before the roster Judge after obtaining necessary orders from the Hon''ble Chief Justice and apart from making the above said observations with regard to the apprehension of the learned Counsel for the appellant, no further order is required to be passed in this appeal. All contentions are urged in the application are kept open.