Md. Asif vs Government Of Telangana
2021 Latest Caselaw 3807 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                           AND
             THE HON'BLE SRI JUSTICE K. LAKSHMAN

                             W.A.No.614 of 2021
JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)



      The present writ appeal is arising out of the order dated

25.08.2021     passed           by       the       learned           Single   Judge   in

W.P.No.20071 of 2021.

      The undisputed facts of the case reveal that the writ

petition was preferred by the appellant/writ petitioner stating

that the respondents in the writ petition were proceeding

ahead with the construction and were changing the nature of

the land. Undisputedly, the appellant/writ petitioner has

filed a suit for specific performance i.e, O.S.No.5 of 2019 on

the file III Additional District Judge, Mahabubnagar at

Gadwal and an interim order has also been granted in the

civil suit and the civil suit is pending. In spite of the fact that

the appellant/writ petitioner has filed a civil suit and the

same is pending, the writ petition was also preferred.

The learned Single Judge, in order to avoid multiplicity

of judicial proceedings, has dismissed the writ petition on the

ground that the civil suit is pending between the parties.

In the considered opinion of this court, as a civil suit is

pending between the parties, the appellant/writ petitioner is

certainly free to file an appropriate application in the pending

civil suit. This court has not expressed any opinion on the

merits of the case.

The writ appeal is dismissed. Pending miscellaneous

applications, if any, shall stand closed.

___________________________ SATISH CHANDRA SHARMA, CJ

_____________________ K. LAKSHMAN, J 26.11.2021 JSU