Mohammed Arifuddin Khan Rashed vs Vegesna Praveen Varma
2025 Latest Caselaw 1738 Tel

Telangana High Court

Mohammed Arifuddin Khan Rashed vs Vegesna Praveen Varma on 4 February, 2025

     THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL

                                 AND

              THE HON'BLE SMT. JUSTICE RENUKA YARA

                   WRIT APPEAL No.145 of 2025

JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul)

Heard Sri Vijay B Paropakari, learned counsel for the

appellants; Sri K. Venkata Rao, learned counsel for respondent

Nos.1 to 3; Sri Muralidhar Reddy Katram, learned Government

Pleader for Revenue, for respondent Nos.4 to 8 and Ms. D.

Madhavi, learned Standing Counsel for Hyderabad Metropolitan

Development Authority (HMDA), for respondent No.9.

2. The opening argument of learned counsel for the

appellants is relating to the last paragraph of interim order passed

by learned Single Judge. He submits that the status quo was

directed to be maintained pending filing of counter affidavits. Since

counter affidavits have already been filed, the interim order pales

into insignificance. He further submits that the counter has

already been filed by the present appellants. Since there are civil

suits pending between the parties, the writ remedy is not the

proper remedy. On a specific query from the Bench, he fairly

admitted that, at present, the Writ Court has not decided the

question of entertainability/maintainability considering the

pendency of civil suits.

3. In this view of the matter, since as per appellant himself

ad interim order of status quo does not survive upon filing the

counters and the matter is pending before the Writ Court, we find

no reason to entertain this Writ Appeal. If the appellants have

raised such objection of maintainability/entertainability before the

Writ Court, the said Court is best suited to decide the said aspect

and at this stage, there is no occasion for us to assume the

jurisdiction of Writ Court. The Writ Appeal is misconceived and

accordingly disposed of. No costs.

Interlocutory applications, if any pending, shall also stand

closed.

___________________ SUJOY PAUL, ACJ

____________________ RENUKA YARA, J

Date: 04.02.2025 Myk/Tsr

THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL

AND

THE HON'BLE SMT. JUSTICE RENUKA YARA

(Per the Hon'ble the Acting Chief Justice Sujoy Paul)

Date: 04.02.2025

myk/tsr