Citation : 2022 Latest Caselaw 6124 AP
Judgement Date : 5 September, 2022
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No:W.P.No.28174 OF 2022
PROCEEDING SHEET
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NO. NOTE
RNT,J
1. 05.09.2022
Heard Sri C.Prakash Reddy, learned counsel
for the petitioners. He submits that the unofficial
respondent No.3 has raised illegal constructions
over the petitioner's property without obtaining any building plan from the respondent No.2 and consequently, the petitioner has approached the respondent No.2 by giving legal notice dated 03.06.2022.
He submits that with respect to the same property, the petitioner filed O.S.No.64 of 2012, against some defendants including the present respondent No.3. The suit was dismissed against which the petitioner filed A.S.No.1 of 2021 which was allowed declaring the suit vide judgment and decree dated 30.11.2021, granting permanent injunction restraining the defendants in the suit and their men from entering the suit schedule property or in any way disturbing the peaceful possession and enjoyment of the plaintiff over the plaint schedule site.
SL. DATE ORDER OFFICE NO. NOTE
He further submits that the constructions in question were raised during pendency of A.S.No.1 of 2021, with respect to which he has now approached for demolition to the respondent No.2.
On specific query of the Court as to whether once that relief for demolition of the constructions raised during pendency of the appeal was available to the petitioner/plaintiff, in Appeal, but was not prayed, if for the same relief, the petitioner can approach the municipal authorities for demolition, learned counsel for the petitioner, prays that the matter may be posted on 12.09.2022.
List on 12.09.2022.
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RNT,J
Scs
SL. DATE ORDER OFFICE
NO. NOTE
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