The Grievance Of The vs Unknown
2022 Latest Caselaw 9651 AP

                                                                               RC,J
                                                                 W.P.No.114 of 2018
                                       1


             HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

                    WRIT PETITION No.114 of 2018

ORDER:

The grievance of the petitioners is that the respondents are trying

to dispossess the petitioners from the house site with structures in an

extent of 151.11 Sq.yards in Goutami Nagar, 4 th Lane, Krishnalanka, Door

No.41-1/9-21, Vijayawada, ignoring the decree and judgment in

O.s.No.1103 of 2007 dated 19.02.2008 on the file of the court of the

learned I Additional Senior Civil Judge, Vijayawada.

2. Heard learned counsel for the petitioners and the learned

Assistant Government Pleader for Revenue.

3. The learned counsel for the petitioners in elaboration would

submit that earlier when a third party tried to interfere with possession and

enjoyment of the petitioners over the subject property, the petitioners

filed O.S.No.1103 of 2007 on the file of the learned I Additional Senior Civil

Judge, Vijayawada for permanent injunction and the same is decreed in

favour of the petitioners. When the respondent authorities are trying to

interfere, the present writ petition is filed. It is further submitted that this

Court vide orders dated 05.01.2018 passed in I.A.No.1 of 2018 was

pleased to direct the respondents not to interfere with the possession and RC,J W.P.No.114 of 2018

enjoyment of the petitioners over the subject property without following

due process of law and the same is in force.

It is further submitted that though the matter is of the year 2018,

the respondents did not choose to file counter and hence prayed to treat

the interim orders as final orders and dispose of the writ petition.

4. The learned Assistant Government Pleader for Revenue reported

no objection for the same.

5. Taking into consideration the submissions made by both the

learned counsel, instead of going into the merits of the case, as the interim

order passed by this Court is in force till today, this Court is inclined to

dispose of the writ petition treating the interim orders as final orders

directing the respondent authorities not to interfere with the possession

and enjoyment of the petitioners of the property in an extent of 151.11

Sq.yards bearing Door No.41-1/9-21 in Goutami Nagar, 4th lane,

Krishnalanka, Vijayawada, except under due process of law. There shall be

no order as to costs.

As sequel thereto, miscellaneous petition, if any, pending shall stand closed. Interim orders, if any, shall stand vacated.

_________________________ JUSTICE RAVI CHEEMALAPATI 15th December, 2022 RR RC,J W.P.No.114 of 2018

HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION No.114 of 2018

15th December, 2022

RR