THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE K. LAKSHMAN
W.A.No.614 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
25.08.2021 passed by the learned Single Judge in
W.P.No.20071 of 2021.
The undisputed facts of the case reveal that the writ
petition was preferred by the appellant/writ petitioner stating
that the respondents in the writ petition were proceeding
ahead with the construction and were changing the nature of the land. Undisputedly, the appellant/writ petitioner has filed a suit for specific performance i.e, O.S.No.5 of 2019 on the file III Additional District Judge, Mahabubnagar at Gadwal and an interim order has also been granted in the civil suit and the civil suit is pending. In spite of the fact that the appellant/writ petitioner has filed a civil suit and the same is pending, the writ petition was also preferred.
The learned Single Judge, in order to avoid multiplicity of judicial proceedings, has dismissed the writ petition on the ground that the civil suit is pending between the parties.
In the considered opinion of this court, as a civil suit is pending between the parties, the appellant/writ petitioner is certainly free to file an appropriate application in the pending civil suit. This court has not expressed any opinion on the merits of the case.
2
The writ appeal is dismissed. Pending miscellaneous applications, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ _____________________ K. LAKSHMAN, J 26.11.2021 JSU