THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.16231 of 2023
ORDER:
The case of the petitioner is that he is absolute owner and possessor of house bearing Municipal No.8-2- 603/B/23 admeasuring 210 square yards situated at Road No.10, Banjara Hills, Hyderabad, having purchased the same under a registered sale deed on 22.03.2022 vide document No.2075 of 2022 from its lawful owner viz., Haleema Begum. It is the further case of the petitioner that disputing title and ownership, respondent No.7 and his brother filed a suit for specific performance against her vender vide O.S.No.1529 of 2003 on the file of IV Senior Civil Judge Court, Hyderabad, same was dismissed vide judgment & decree dated 22.09.2008, against which respondent No.7 and another preferred appeal vide A.S.No.191 of 2009 before the Court of III Additional Chief Judge, City Civil Court, Hyderabad and the same was also dismissed vide judgment dated 02.08.2010. 2
The contention of the petitioner is even after dismissal of the cases instituted in respect of the subject property purchased by the petitioner, respondent No.7 and his henchmen made efforts to disturb and interfere with the peaceful possession of the petitioner, which constrained him to lodge a complaint on the file of P.S. Banjara Hills, Hyderabad and as the said complaint revealed cognisable offence, Crime No.50 of 2023 has been registered and charge sheet has also been filed against respondent No.7.
The grievance of the petitioner is that even after registration of the crime, at the instigation of respondent Nos.6 and 7, respondents police are summoning the petitioner to police station and forcing him to enter into settlement with respondent Nos.6 and 7 as per the terms dictated by them.
Learned Assistant Government Pleader for Home on written instructions submits that acting on the complaint of the petitioner, Crime No.50 of 2023 has been registered and charge sheet has also been filed vide C.C.No.1778 of 3 2023 and except for the purpose of investigation into the said crime, the respondents police have not interfered with the civil disputes pending between the petitioner and respondent Nos.6 and 7 at any point of time.
In view of the above submission, the writ petition is disposed of directing respondent No.5 not to interfere with the civil disputes pending between the petitioner and respondent Nos.6 and 7 in any manner and if the presence of either of the parties is required, the respondents police are directed to follow the due procedure in accordance with law.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
_________________________ C.V.BHASKAR REDDY, J 04.09.2023 JSU