THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL No.164 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
On 04.06.2021 Sri Ramesh Chilla, learned proxy
counsel appearing for learned counsel for the appellant,
sought for an adjournment. On 16.07.2021, again the
learned proxy counsel sought an adjournment stating
that the arguing counsel has gone to his native place.
On 22.10.2021 again the learned counsel for the
appellant sought for short adjournment. The case was
adjourned for today. Today also a prayer for
adjournment has been made and the same is declined.
The facts of the case reveal that the writ petition
was preferred by the appellant/writ petitioner stating
that she is the absolute owner and possessor of land to
an extent of Acs.2.00 in Survey No.386/136 of
Nimmapelli Village, Konaraopet Mandal, Rajanna Sircilla
District. It was stated that the unofficial respondents,
with the help of anti-social elements started trespassing into her land and demolished the boundary wall and in those circumstances, a civil suit was preferred i.e., O.S.No.295 of 2020 before the Court of Junior Civil Judge, Sircilla, which is still pending. The writ 2 petitioner, by filing the writ petition, prayed for grant of injunction restraining the respondents from interfering with her peaceful possession. The learned Single Judge has dismissed the writ petition holding that any application for injunction during the pendency of the civil suit has to be filed before the civil court and the disputed questions of fact, especially when the civil suit is pending, cannot be looked into in exercise of powers conferred under Article 226 of the Constitution of India.
In the considered opinion of this Court, the order passed by the learned Single Judge does not warrant any interference. The appellant is certainly at liberty to file an appropriate application in the pending civil suit.
The writ appeal is accordingly dismissed. The miscellaneous applications pending in this writ appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 30.11.2021 vs