THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.540 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order dated
24.02.2021 passed by the learned Single Judge in
W.P.No.24082 of 2020.
The facts of the case reveal that a civil suit is pending
between the parties i.e., O.S.No.136 of 2019 on the file of the
learned XXVII Additional Chief Judge, City Civil Court,
Secunderabad, and the unofficial respondents in the writ
petition and the writ appeal are the defendants in the said suit filed by the appellant and others seeking declaration of title and recovery of possession in respect of the property which is the subject matter of the present case. An injunction order was granted in the matter initially. Later on, it was vacated. The fact remains that the said suit is pending between the parties. The facts further reveal that the unofficial respondents have filed a suit i.e., O.S.No.290 of 2019 on the file of the learned XI Junior Civil Judge, City Civil Court, Secunderabad, in respect of the orders passed relating to demolition and an injunction was granted in the matter and the same was made absolute. Meaning thereby, two civil suits are pending in respect of the property in question. The documents on record also reveal that the 2 father of the unofficial respondents along with his brothers had purchased the subject property on 31.10.1956. There was a house over the property in question. The sale deed of 1956 reflects the same. They have also sought building permission and the building permission was granted on 29.06.2018 and 16.07.2018 and in those circumstances, the learned Single Judge observed that unless and until the suit filed by the appellant is decreed in his favour, he cannot claim any right or title of the property, which is admittedly in possession of the unofficial respondents. In those circumstances, the writ petition was dismissed.
This Court also does not find any reason to interfere with the order passed by the learned Single Judge. It is needless to mention that the observations made by the learned Single Judge and this Court will not come in the way of the parties insofar as the civil litigation is concerned.
The writ appeal is accordingly dismissed. The miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ N. TUKARAMJI, J 13.12.2021 vs