N.Anadalamma vs The State Of Telangana And 5 Others
2021 Latest Caselaw 2452 Tel

Item No.4

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                        AND
     THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                          W.A.No.344 of 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    Mr. A.Venkatesh, learned counsel appears on behalf of the

respondent No.4.

2. Learned counsel for the appellant states that instead of pursuing

the present appeal directed against an order dated 07.06.2021 passed

by the learned Single Judge disposing of W.P.No.1032 of 2021 filed

by the appellant, he may be permitted to withdraw the same, while

reserving the right of the appellant to press the stay application moved

in O.P.No.179 of 2016, on the file of the learned XXIV Additional

Chief Judge, City Civil Court, Hyderabad, filed by the appellant

against the unofficial respondents No.4 to 6. He requests that it may

howver be clarified that the decision on the stay application, pending

in O.P.No.179 of 2016 be taken uninfluenced by the observations

made by the learned Single Judge.

3. The impugned order itself made it clear that mere application

for a building permission or grant thereof to a party will not take away

or accrue any right, title or interest upon such a party. It is with these

observations that the writ petition filed by the appellant has been

disposed of. The learned Single Judge has declined to go into the

rival claims of the parties in view of the pendency of O.P.No.179 of

2016 and has made it clear that any development made on the subject

land would be subject to the outcome of the civil suit.

4. Leave is granted to the appellant to take all the pleas available

to her while pressing the stay application pending in O.P.No.179 of

2016, which shall be decided uninfluenced by any adverse obserations

made against the appellant in the impugned judgment. The present

appeal is disposed of along with the pending applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 23.08.2021 Lrkm/Pln