Citation : 2022 Latest Caselaw 345 AP
Judgement Date : 25 January, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: W.P. No.1581 of 2022
PROCEEDING SHEET
Sl. Office
DATE ORDER
No Note
1. 25.01.2022 CMR, J
Learned Assistant Government Pleader for
Municipal Administration takes notice for the 1st
respondent.
Sri M. Manohar Reddy, learned Standing Counsel for Corporation, takes notice for respondent 2
- Municipal Corporation.
Learned Assistant Government Pleader for Revenue takes notice for respondents 3 and 4.
Learned Assistant Government Pleader for Home takes notice for respondent 5 and requests time to obtain instructions.
Issue notice to respondent 6 returnable in four (4) weeks.
________ CMR, J
I.A.No.1 of 2022
It is the grievance of the writ petitioner that the dispute between the petitioner and the 6th respondent is purely of civil nature and already suits were filed in respect of the said dispute in O.S.No.221 of 1970 and O.S.No.262 of 1971 and the appeal preferred against the decree passed in O.S.No.262 of 1971 in A.S.No.157 of 1981 was also disposed of and the Second Appeal is pending in this Court and when the matter is pending in the competent Court that the respondent officials are interfering in the said civil dispute and insisting the petitioner to attend pre-litigation counseling forum.
When the dispute is of civil nature and when suits are filed in respect of the said dispute and when the judgment and decree passed by the trial Court and the First Appellate Court are questioned in the High Court in a Second Appeal and the same is pending, the respondent officials cannot insist the petitioner to attend the pre-litigation counseling forum to settle the said dispute between the petitioner and the unofficial respondent. Therefore, in the said facts and circumstances of the case, there shall be a direction to respondents 1 to 5 not to interfere in the civil dispute and not to interfere with the possession of the petitioner in respect of the property in question, till the next date of hearing.
________ CMR, J
Note: Issue CC by today.
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