Telangana High Court
Smt. M.Vanaja vs Sri Chamarthi Ravi Shankar on 2 August, 2022
Bench: Ujjal Bhuyan, N.V.Shravan Kumar
THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.378 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. J.Ashvini Kumar, learned counsel for the
appellant and Mr. K.L.N.Raghavendra Reddy, learned
counsel for respondents No.1 and 2. Also heard Mr. Parsa
Ananth Nageswar Rao, learned Government Pleader
appearing for respondents No.3 to 5.
2. This appeal has been preferred against the
interlocutory order dated 21.01.2022 passed by the learned
Single Judge in W.P.No.927 of 2022 filed by respondents
No.1 and 2.
3. Order dated 21.01.2022 reads as under:
"Notice before admission returnable by
25.02.2022.
Personal service is permitted on the 4th
respondent.
Learned counsel for the petitioners submitted
that this Court passed orders in C.R.P.No.2035 of 2021
on 23.12.2021 staying further proceedings in
O.S.No.346 of 2015 pending on the file of IX Additional
Chief Judge, City Civil Court, Hyderabad; the impugned
refusal order was passed on the ground that status quo
order was passed against the petitioners in I.A.No.498 of
2015 in O.S.No.346 of 2015; in view of the said stay
order, the 3rd respondent is bound to release the sale
document bearing P.No.183/2021 dated 07.12.2021.
It needs to be noted that the order passed by this
Court on 23.12.2021 in C.R.P.No.2035 of 2021 was not
brought to the notice of the 3rd respondent.
In the facts and circumstances of the case,
petitioners are permitted to approach the 3rd respondent
- Sub Registrar, Sanjeev Reddy Nagar, Hyderabad and
intimate the authority about the order dated 23.12.2021
passed in C.R.P.No.2035 of 2021 whereunder
proceedings in O.S.No.346 of 2015 are being stayed. On
such request of the petitioners, the 3rd respondent shall
process the pending document P.No.183/2021 dated
07.12.2021 and release the same if it is otherwise in
accordance with law.
Post on 25.02.2022."
4. Appellant herein is respondent No.4 in the writ
proceedings.
5. On 10.06.2022 this Court while issuing notice had
passed the following order:
"Learned counsel for the appellant has argued
before this Court that in civil suit i.e., O.S.No.346 of
2015 an order of status quo was granted and in spite of
the order of status quo, a sale deed was executed in
respect of the property which is the subject matter of the
civil suit. He has stated that on account of the status
quo order, no such sale deed could have been executed.
Learned counsel for the appellant has been able
to make out a prima facie case for grant of interim relief.
Resultantly, the operation of the order passed by
the learned Single Judge is hereby stayed.
It is made clear that this Court has not stayed the
proceedings in W.P.No.927 of 2022 and only the interim
order granted by the learned Single Judge has been
stayed. The learned Single Judge shall certainly be free
to proceed ahead with the hearing of the matter.
prays for time to file reply. He is granted four weeks
time to do the needful."
6. On due consideration, we are of the view that since
the related writ petition is pending adjudication before the
learned Single Judge, the parties may make their
respective submissions before the learned Single. As a
matter of fact in the order dated 10.06.2022 this Court had
made it clear that proceedings in W.P.No.927 of 2022 has
not been stayed and only the interlocutory order has been
stayed. Parallel proceedings are not desirable.
7. That being the position and without expressing any
opinion on merit, we are of the view that W.P.No.927 of
2022 may be heard and decided on its own merits. Till
disposal of W.P.No.927 of 2022, interim stay granted by the
appellate Court on 10.06.2022 would continue, which
would however abide by the final decision that may be
rendered in W.P.No.927 of 2022.
8. This disposes of the writ appeal.
Miscellaneous applications pending, if any, shall
stand closed. However, there shall be no order as to costs.
______________________________________
UJJAL BHUYAN, CJ
______________________________________
N.V.SHRAVAN KUMAR, J
02.08.2022
vs
