Chilivari Kummari Yadaiah Alias ... vs Sahiti Infratech Ventures India ...
2022 Latest Caselaw 955 Tel

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

                  WRIT APPEAL No.88 of 2022

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




      The present writ appeal is arising out of order dated

11.02.2021 passed in I.A.No.1 of 2022 in W.P.No.3325 of 2022.

      The facts of the case reveal that a writ petition was

preferred by respondent No.1 before this Court being aggrieved

by order dated 04.01.2022 passed by the District Registrar,

Ranga Reddy District and a further prayer was made to direct

respondent No.3, District Registrar, Ranga Reddy District, to

execute the sale deed dated 17.12.2021. The leaned Single

Judge has allowed the interlocutory application i.e., I.A.No.1 of

2022 and has directed registration of the sale deed.

Learned counsel for the appellants has argued before this

Court that a civil suit is pending between the parties i.e.,

O.S.No.292 of 2017 and there is a status quo order granted in

the said suit and therefore, once the order of status quo is in

existence, no such interim order could have been passed in the

matter.

On the other hand, learned counsel appearing for

respondent No.1 in the present writ appeal has argued before

this Court that the order of status quo was passed on

22.09.2017 in I.A.No.443 of 2017 and later on, on 03.12.2020

on an application for impleadment, the writ

petitioner/respondent No.1 in the writ appeal was impleaded.

The leaned Single Judge, as the impleadment was after the

grant of interlocutory application, has passed the interim order,

which is impugned in the present writ appeal.

In the considered opinion of this Court, once the order of

status quo is in existence in the civil suit, it is binding upon all

parties, unless and until it is vacated or it is clarified by the trial

Court, which has granted the interim order of status quo.

Resultantly, the writ appeal is allowed and the order

passed by the learned Single Judge is hereby set aside. The

learned Single Judge is requested to decide the writ petition

itself on merits at an early date. Another important aspect of

the case is that the present appellant before this Court was not

impleaded as respondent in the writ petition even though a civil

suit is pending between the parties and therefore, the appellant

shall be free to file an application for impleadment and the

learned Single Judge shall be free to pass appropriate orders 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 02.03.2022 ES