Baddela Padmavathamma vs P Bhaktha Vatsala Reddy
2022 Latest Caselaw 9349 AP

     IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                    &
            HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

                  WRIT APPEAL No.668 OF 2022
                     (Through physical mode)

Baddela Padmavathamma,
W/o late Gurava Reddy,
Aged about 57 years,
R/o D.No.1-16-12, R.R. Street,
Sankara Agraharam, Nellore,
SPSR Nellore District.
                                                         ..Appellant
                                 Versus

P. Bhaktha Vatsala Reddy,
S/o late Sankara Reddy,
Aged about 66 years,
R/o D.No.25-2-295, 1st floor,
3rd class, New Military Colony,
A.K. Nagar, Nellore, SPSR Nellore District,
and others.
                                                     ...Respondents

                                   ***

ORAL JUDGMENT Dt:06.12.2022

(per Prashant Kumar Mishra, CJ)

1. This writ appeal would call in question the order dated

01.04.2022 passed by learned single Judge in W.P.No.17723 of 2016

filed by the writ petitioner (respondent No.1 herein).

HCJ & DVSS,J

2. The operative portion of the order under appeal reads as under:

"The writ petition is disposed of with a direction to

both the petitioner and the 3rd respondent to get their

title declared by a competent Civil Court and basing on

such declaration of title, the respondent-authorities are

directed to mutate the name of the individual, who is

having title over the subject property. Till declaration of

title by the competent Civil Court, status quo in respect of

the subject property shall be maintained by the 2nd

respondent. Further, the petitioner and the 3rd

respondent are also directed not to alienate the subject

property any further."

3. In paragraph No.5 of the order under appeal, it was observed

by the learned single Judge that the issue in the present writ petition is

relating to the title of the property and respondent No.2 in the writ

petition cannot decide title between the petitioner and 3rd respondent

(appellant) and the title can only be decided by the competent civil

Court. Having observed so, the learned single Judge has proceeded

further to grant temporary injunction in a writ petition, which has been

found by the learned single Judge not maintainable, despite that the

writ Courts do not decide the title of the parties. When once the HCJ & DVSS,J

parties are relegated to approach the Civil Court, the issue as to

whether the parties to the suit are entitled for temporary injunction

under Order 39 Rules 1 and 2 CPC or under Section 151 C.P.C. should

be left to be considered by the jurisdictional Civil Court basing on three

elements i.e., existence of prima facie case, balance of convenience

and irreparable loss. Without examining the strength and weakness of

respective cases of the parties and the aforesaid principles, the Writ

Court ought not to have granted temporary injunction in a mechanical

manner more so, when the writ petition is found not maintainable.

4. In the above view of the matter, we are inclined to set aside the

order passed by the learned single Judge and to relegate the parties to

approach Civil Court. However, as the order passed by learned single

Judge is continuing for the last more than six months, we direct that

the said order will continue only for a period of 45 days from today,

within which, the parties shall approach the jurisdictional Civil Court. It

is made clear that the order of the learned single Judge shall stand set

aside after the aforesaid period of 45 days. In the event, the Civil Suit

is filed along with the application for grant of temporary injunction, the

jurisdictional Civil Court shall decide the issue of grant of temporary

injunction on its own merits, without being influenced by the order of HCJ & DVSS,J

this Court regarding continuation of the order of the learned single

Judge for the period indicated above.

5. Accordingly, the Writ Petition is allowed. No costs. All the

pending miscellaneous applications shall stand closed.

PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J Nn HCJ & DVSS,J

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

WRIT APPEAL No.668 OF 2022

(per Prashant Kumar Mishra, CJ)

Dt:06.12.2022

Nn