Citation : 2021 Latest Caselaw 3633 AP
Judgement Date : 20 September, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: W.P.No.19276 of 2021
PROCEEDING SHEET
Sl.
ORDER
No DATE 02. 20.9.2021 DR,J
As directed by this Court, learned counsel for the petitioner has served notices on respondent nos. 3 to 5 and filed a memo to that effect. Despite service of notice, respondent nos.3 to 5 have not chosen to appear.
Learned Counsel for the petitioner submits that there is a civil dispute between the petitioner and the vendors of the respondents 3 to 5 with regard to very same subject property. In the second appeal filed by the father of the petitioner, the Court has granted the following order:
"None appears for the respondents. Heard the learned counsel for the petitioner.
Considering the circumstances of the case, there shall be interim order as prayed for until further orders."
(The prayer is to direct the respondents not to alter the nature of the property in question by raising any structure and to maintain status quo, pending S.A.No.1349 of 2006 preferred to the High Court against the decree and judgment of the Court of the II Additional District Judge, Visakhapatnam, made in A.S.No.29/1989, dated 4-2-1997, preferred against the decree and judgment of the Court of the VII Addl. District Munsif, Visakhapatnam, made in O.S.No.635 of 1982, dated 8-12-1988)
Despite the directions of this Court in second appeal, the respondents in the second appeal has transferred the property in favour of respondents 3 to 5 herein and subsequently after obtaining permission, they are proceeding with construction in the property. By noticing the same, the petitioner has made a representation to the respondent no.2 for cancellation of permission bringing all the above facts. Despite the request made by the petitioner, the respondents have not initiated any action. Hence the present writ petition. On perusal of the record, no doubt, this Court has passed an interim order directing the respondents not to alter the nature of the property in question by raising any structures and to maintain status quo.
In view of the existence of the above said directions, there shall be a direction to the respondents to maintain status quo as on today.
Post after four (04) weeks.
Respondent no.2 is directed to take measures to implement the above said orders.
_______ DR, J Note:
Issue cc by tomorrow B/o RD
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