Item No.4
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.344 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. Mr. A.Venkatesh, learned counsel appears on behalf of the
respondent No.4.
2. Learned counsel for the appellant states that instead of pursuing the present appeal directed against an order dated 07.06.2021 passed by the learned Single Judge disposing of W.P.No.1032 of 2021 filed by the appellant, he may be permitted to withdraw the same, while reserving the right of the appellant to press the stay application moved in O.P.No.179 of 2016, on the file of the learned XXIV Additional Chief Judge, City Civil Court, Hyderabad, filed by the appellant against the unofficial respondents No.4 to 6. He requests that it may howver be clarified that the decision on the stay application, pending in O.P.No.179 of 2016 be taken uninfluenced by the observations made by the learned Single Judge.
3. The impugned order itself made it clear that mere application for a building permission or grant thereof to a party will not take away or accrue any right, title or interest upon such a party. It is with these observations that the writ petition filed by the appellant has been disposed of. The learned Single Judge has declined to go into the rival claims of the parties in view of the pendency of O.P.No.179 of 2 2016 and has made it clear that any development made on the subject land would be subject to the outcome of the civil suit.
4. Leave is granted to the appellant to take all the pleas available to her while pressing the stay application pending in O.P.No.179 of 2016, which shall be decided uninfluenced by any adverse obserations made against the appellant in the impugned judgment. The present appeal is disposed of along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 23.08.2021 Lrkm/Pln