S.Sharada Lalitha vs The Wanaparthy Municipality
2022 Latest Caselaw 1059 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                         AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                      WRIT APPEAL .No.146 of 2022


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



      The present writ appeal is arising out of order dated

11.12.2009

passed in W.P.No.27884 of 2008.

The facts of the case reveal that one Sri Balram, owner of

house bearing No.13-23 (old 13-27) of Wanaparthi, Telangana

State, is having five daughters and he expired in the year 1976.

One of the daughters got the house mutated in her name and

when other daughters objected to it, the mutation was cancelled

and in those circumstances, the writ petition was preferred i.e.,

W.P.No.27884 of 2008 and the learned Single Judge has

declined to interfere with the order of cancellation of mutation

and has granted liberty to the petitioner therein to approach the

civil Court.

Today also, in open Court, learned counsel was requested

to inform this Court on the basis of which document the house

was mutated in the name of only one daughter. He has not

been able to bring to the notice of this Court any such

document. Meaning thereby, only in respect of one legal heir

i.e., one daughter the mutation was carried out.

In the considered opinion of this Court, the authorities

were justified in cancelling the mutation and the learned Single

Judge was also justified in dismissing the writ petition.

Resultantly, the writ appeal also stands dismissed with a

liberty to the parties to avail the remedies available under civil

law. At this juncture, it has been brought to the notice of this

Court that a civil suit is already pending between the parties

and therefore, the trial Court is directed to dispose of the matter

based upon the evidence adduced by the parties in accordance

with law.

Miscellaneous applications pending, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J 07.03.2022 ES