Telangana High Court
Sai Pragathi Associates vs Kommidi Ramachandra Reddy on 13 June, 2023
Author: T.Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
AND
THE HON'BLE SRI JUSTICE PULLA KARTHIK
W.A. No. 544 of 2023
JUDGMENT:(per Hon'ble Sri Justice T.Vinod Kumar) This Writ Appeal under Clause 15 of Letters Patent is directed against the interim order of the learned Single Judge dt.27.04.2023 in WP.No.12661 of 2023.
2. Heard learned counsel for the appellants, Sri M.Damodar Reddy, learned counsel appearing on behalf of the 1st respondent, learned Government Pleader for MAUD appearing on behalf of respondents 2 & 4, Mrs. D.Madhavi, learned counsel appearing on behalf of the 3rd respondent, learned Government Pleader for Revenue appearing for respondents 5 to 8, Sri P.Jagan Madhava Rao, learned Standing Counsel appearing for the 9th respondent, and perused the record.
3. The appellants contend that the 1st respondent/writ petitioner had approached this Court by filing the aforesaid Writ Petition by suppressing various facts and obtained interim order of status quo behind the back of the appellants, without serving papers on them, even though the appellants were on caveat. 2
4. The appellants further contend that the 1st respondent also suppressed the fact of pendency of litigation surrounding the subject property situated at Ghatkesar Mandal, Medchal- Malkajgiri District, for which the appellants had obtained a lay out on 29.03.2023 covering an area of Acs.31.19½ guntas whereby the concerned authorities have permitted plotting to an extent of 1,15,639.55 sq.mtrs.; that even before the 1st respondent filed the present Writ Petition, number of transactions of sales have taken place and suppressing the said factum of sale of plots, the 1st respondent approached this Court as if the present appellants are going to alienate the subject land.
5. We have taken note of the contentions urged.
6. A perusal of the order of the learned Single Judge dt.27.04.2023 would reveal that the Court while ordering Notice before admission, directing the matter to be listed on 13.07.2023, only ordered the parties to maintain status quo obtaining as on that date in all respects.
7. By the said order, it cannot be said that the learned Single Judge has adjudicated the issues raised by the 1st respondent in the Writ Petition nor the order can be treated as a judgment/decree affecting the rights of the parties. 3
8. Further, in the light of the judgment of the Hon'ble Supreme Court in The Management of Narendra & Company Private Limited vs. the Workmen of Narendra & Company1 and Shyam Sel and Power Limited and Another vs. Shyam Steel Industries Limited2, the impugned order passed by the learned Single Judge does not fall under the term 'judgment' of clause 15 of the Letters Patent, as the said order does not give a finality to the right of the parties. Since, the impugned order merely directed both parties to maintain status quo, this Court is of the view that no grave prejudice is caused to the appellants for the present Writ Appeal to be entertained by this Court.
9. It is also to be noted that the Writ Petition is pending before the learned Single Judge and the appellants herein can agitate all the issues that have been raised in this appeal, before the learned Single Judge. Having regard to the said fact also this Court is not inclined to entertain the present Appeal.
10. Accordingly, the Writ Appeal is without any merit and it is dismissed. However, liberty is granted to the appellants to move the learned Single Judge by placing the contentions now 1 2016(3) SCC 340 2 2023(1) SCC 634 4 urged before this Court and seek for vacating the interim order of status quo passed on 27.04.2023. No order as to costs.
11. Consequently, miscellaneous petitions pending, if any, shall stand closed.
___________________ T. VINOD KUMAR, J ___________________ PULLA KARTHIK, J 13th June, 2023 gra 5 THE HON'BLE SRI JUSTICE T. VINOD KUMAR AND THE HON'BLE SRI JUSTICE PULLA KARTHIK W.A. No.544 of 2023 (per the Hon'ble Sri Justice T.Vinod Kumar) 13th June, 2023 gra