Mrs.Mamidala Ravi Priya Reddy And ... vs Ganta Buchiram Reddy And 5 Others
2022 Latest Caselaw 1192 Tel

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

              WRIT APPEAL Nos.7 and 42 of 2020


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



      Regard being had to the controversy involved in the

aforesaid cases, they were heard together and are being decided

by a common order.

      The facts of W.A.No.7 of 2020 are reproduced as under:

      The present writ appeal is arising out of order dated

28.08.2019 passed in W.P.No.18443 of 2019.

      The facts of the case reveal that the present appellant -

Ganta Satyanarayana Reddy and respondent No.5 - Ganta

Buchi Ram Reddy are real brothers. The dispute relates to land

bearing Sy.No.101/A admeasuring Acs.5.02 guntas situated at

Mamnoor Village, Hanamkonda Mandal. The facts further

reveal that the property was mutated solely in the name of

Ganta Satyanarayana Reddy. Being aggrieved by the order

passed by the Revenue Divisional Officer dated 18.02.2017, a

revision was preferred by Ganta Satyanarayana Reddy to the

Joint Collector. The Joint Collector has passed order dated

24.07.2019 affirming the order of the Revenue Divisional Officer

and in those circumstances, the writ petition was preferred

before this Court. Another important aspect of the case is that

there is a civil suit pending between the parties in respect of the

same property and therefore, the learned Single Judge has

declined to interfere with the order passed by the revenue

authorities.

The undisputed facts of the case make it very clear that

two brothers are fighting in respect of a piece of land. An

attempt has been made by appointing a mediator to resolve the

dispute amicably. However, the mediator submitted a report of

unsuccessful mediation. Meaning thereby, now the rights of the

parties are to be decided in the pending civil suit and therefore,

this Court, without expressing any opinion on merits, is of the

opinion that the writ appeal deserves to be dismissed with a

liberty to the parties to raise all possible grounds before the trial

Court at Warangal where the civil suit is pending. It is needless

to mention that the trial Court without being influenced by the

order passed by the learned Single Judge and by this Court

shall decide the civil suits i.e., O.S.No.542 of 2015 on the file of

the II Additional Senior Civil Judge, Warangal and O.S.No.59 of

2011on the file of the Principal District Judge, Warangal, based

upon the evidence adduced by the parties.

With the aforesaid, both the writ appeals stand disposed

of.

Miscellaneous applications pending, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J 16.03.2022 ES