The Hon'ble The Chief Justice Satish Chandra Sharma
and
The Hon'ble Sri Justice A. Rajasheker Reddy
Writ Appeal No.531 of 2021
Judgment: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present Appeal arises out of order dated 18.08.2021,
passed by the learned Single Judge in W.P.No.531 of 2021.
2. The contention of the appellants/writ petitioners is that
respondent No.6 has constructed a road over the property belonging
to them, which is a private property and on account of construction of road, certain water channels have been closed. The learned Single Judge has dismissed the writ petition on the ground that there is a civil suit viz., O.S.No.241 of 2020 pending between the family members of respondent No.6 in respect of the same land.
3. In the considered opinion of this Court, once the appellants have made a categorical statement before this Court that their private land is being encroached by respondent No.6, they do have a remedy of filing a civil suit along with appropriate application for grant of injunction.
4. Resultantly, the appeal is dismissed with liberty to the appellants to file a civil suit along with appropriate application for grant of injunction. It is needless to mention that the observations made in this Appeal and the observations made by the learned Single Judge will not come in the way of the parties and the civil suit shall be decided on merits keeping in view the evidence adduced by the parties in the suit. Consequently, Interlocutory Applications, pending if any, stand disposed of.
_______________________ Satish Chandra Sharma, CJ ____________________ A. Rajasheker Reddy, J 18.10.2021 lur W.A.No.531 of 2021 Page 2 of 2