Ms. M.L. Neelima vs Unknown
2021 Latest Caselaw 2817 AP

                                                                                              12
            HIGH COURT OF ANDHRA PRADESH : AMARAVATI

                     MAIN CASE: W.A.No.426 of 2021


                             PROCEEDINGS SHEET

Sl.     DATE                                         ORDER                                    OFFICE
                                                                                               NOTE
No.


2.    03.08.2021                   (Taken up through video conferencing)

                                             I.A.No.1 of 2021

                          This is an application seeking leave to prefer appeal
                   against the order and judgment dated 22.09.2020 passed
                   by the learned single Judge in W.P.No.16956 of 2020.
                          Ms.     M.L.    Neelima,        learned    counsel      for   the
                   applicant/appellant, submits that the applicant/appellant
                   was not made a party to the proceedings in the aforesaid
                   writ petition despite the fact that the applicant/appellant
                   and the 1st respondent/writ petitioner had filed suits

against each other in respect of the same property which is the subject matter of the writ petition and that both the suits were disposed of by the learned trial Court by a common judgment dated 27.12.2017 and the respective appeals preferred by the parties are pending consideration. She further submits that the applicant/appellant is in possession of the suit property and the learned Single Judge, by giving a direction to the revenue authorities not to dispossess the 1st respondent/writ petitioner from the property in question, had, in essence, accepted that the 1st respondent/writ petitioner is in possession of the property. Since such an order will prejudice the applicant/appellant, learned counsel submits that the applicant/appellant may be granted leave to appeal.

Mr. Balaji Medamalli, learned counsel appearing for the 1st respondent/writ petitioner, submits that a notice for eviction was issued to the 1st respondent/writ petitioner.

On a query of the Court, Ms. M.L. Neelima submits that perhaps such notice was issued to the applicant/appellant also.

She will obtain proper instructions in that regard by Sl. DATE ORDER OFFICE NOTE No.

the next date fixed.

We require both the learned counsel to place before the Court copies of the plaints filed by the parties in their respective suits.

List this case on 12.08.2021.

ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J IBL