Gangavath Surendar Naik vs The State Of Telangana And 11 ...
2021 Latest Caselaw 4236 Tel

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


                   WRIT APPEAL No.638 of 2021

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


      The present writ appeal is arising out of an order

dated 01.07.2021 passed by the learned Single Judge

dismissing W.P.No.14705 of 2021.

      The undisputed facts of the case reveal that the

appellant/writ petitioner and the respondents No.8 to 12

are members of the same family. There is a serious

property dispute between them and a civil suit is also

pending between them. The writ petition was filed

enclosing some photographs which are also on record at

page No.62 stating that some construction is being

carried out by the respondents No.8 to 12, who are

members of the same family, without any permission.

The learned Single Judge dismissed the writ petition

leaving it open to the writ petitioner to seek appropriate

remedy before the civil court.

Before this Court, the pendency of the civil suit

between the parties has not been disputed and therefore,

as a serious civil dispute is pending between the family,

the appellant/writ petitioner shall be free to file

appropriate application before the civil court in the

pending suit ventilating his grievance. This Court does

not find any reason to interfere with the order passed by

the learned Single Judge.

The writ appeal is accordingly dismissed. The

miscellaneous applications pending, if any, shall stand

closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ N. TUKARAMJI, J 09.12.2021 vs