P.Vishwanatham vs The State Of Telangana, And 5 ...
2021 Latest Caselaw 4065 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                    AND
           THE HON'BLE SRI JUSTICE N. TUKARAMJI


                  WRIT APPEAL No.836 of 2019


JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present writ appeal is arising out of the order

dated 16.09.2019 passed by the learned Single Judge in

W.P.No.19947 of 2019.

     The undisputed facts of the case reveal that the

appellant before this Court filed the writ petition making

allegations that certain persons have encroached upon

his property and they are making constructions, in spite

of status quo order, over the property in dispute.                       The

facts also reveal that a civil suit was also preferred by the

appellant and a status quo order was passed in

O.S.No.254 of 2019 pending before the learned VII

Additional Senior Civil Judge, Ranga Reddy District. The

learned Single Judge, as the civil suit was pending

between the parties, disposed of the writ petition with a

liberty to the appellant to avail the remedy as provided

under the Code of Civil Procedure, to be more specific,

under Order XXXIX Rule 2A of the Code of Civil

Procedure.    Now the writ appeal has been filed in the

matter.
                              2




     This Court really fails to understand that in a case

where a civil suit is pending, there is an order of status

quo and the same is being violated, how a writ petition

and a writ appeal can be entertained.

     Resultantly, the admission is declined and the writ

appeal is also dismissed with a liberty to the appellant to

avail the remedies available under the Code of Civil

Procedure.

     The miscellaneous applications pending in this writ

appeal, if any, shall stand closed.      There shall be no

order as to costs.


                                 ___________________________
                                  SATISH CHANDRA SHARMA, CJ




                                 ___________________________
                                       N. TUKARAMJI, J
01.12.2021

vs