Mirza Anwar Baig vs The State Of Telangana And 8 Others
2021 Latest Caselaw 4279 Tel

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


                      WRIT APPEAL No.540 of 2021


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




     The present writ appeal is arising out of an order dated

24.02.2021      passed         by      the      learned         Single   Judge   in

W.P.No.24082 of 2020.

     The facts of the case reveal that a civil suit is pending

between the parties i.e., O.S.No.136 of 2019 on the file of the

learned XXVII Additional Chief Judge, City Civil Court,

Secunderabad, and the unofficial respondents in the writ

petition and the writ appeal are the defendants in the said

suit filed by the appellant and others seeking declaration of

title and recovery of possession in respect of the property

which is the subject matter of the present case. An

injunction order was granted in the matter initially. Later on,

it was vacated. The fact remains that the said suit is pending

between the parties. The facts further reveal that the

unofficial respondents have filed a suit i.e., O.S.No.290 of

2019 on the file of the learned XI Junior Civil Judge, City

Civil Court, Secunderabad, in respect of the orders passed

relating to demolition and an injunction was granted in the

matter and the same was made absolute. Meaning thereby,

two civil suits are pending in respect of the property in

question. The documents on record also reveal that the

father of the unofficial respondents along with his brothers

had purchased the subject property on 31.10.1956. There

was a house over the property in question. The sale deed of

1956 reflects the same. They have also sought building

permission and the building permission was granted on

29.06.2018 and 16.07.2018 and in those circumstances, the

learned Single Judge observed that unless and until the suit

filed by the appellant is decreed in his favour, he cannot

claim any right or title of the property, which is admittedly in

possession of the unofficial respondents. In those

circumstances, the writ petition was dismissed.

This Court also does not find any reason to interfere

with the order passed by the learned Single Judge. It is

needless to mention that the observations made by the

learned Single Judge and this Court will not come in the way

of the parties insofar as the civil litigation is concerned.

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 13.12.2021 vs