The High Court of Telangana dismissed the appeal in a writ petition seeking condonation of delay and suspension of an order, noting the appellant's non-appearance. The court upheld the lower judge's view that the remedy lies in the pending civil suit.
The writ appeal is dismissed with no costs. Admission of the appeal is also declined.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY, THE SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL NO: 17 oF 2019
writ Appeal under clause 15 of the Letterspatent preferred against the order dated 10-09-2018 in W.P.No.32247 of 2018 on the file of the High Court. Between:
9rytM. Sudha Rani, Wo.M. Balraj,Aged about b1 years, R/o. 2-3-6411140, Jaiswal Garden, Amberpet, Hyderabad.
AND
...APPELLANT
lA NO: 1 OF 201 I
...RESPONDENTS
Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to condone the delay 25 days in filing the present writ Appeal against the order dated 10.09.2018 passed in W.P.No.32247 of 2018, pending disposal of the present Writ Appeal.
'
ilzil
lA NO: 2 OF 2019
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order dated 10.09.2018 passed in W.P.No.32247 ot 2018 passed by this Hon'ble Court, pending disposal of the present Writ Appeal.
Counsel for the Appellants: -
Counsel for the Respondent No.1:
GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT
Counsel for the Respondent Nos.2 & 3: SRI K. VENKATESHWARA RAO, SC FOR GHMC
Counsel for the Respondent No.4: SRI KANTEM NANDAIAH
Counsel for the Respondent No.S: NONE APPEARED
The Court delivered the following: JUDGMENT
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ANI)
E ESR I'IC HI W.A.No. 17 of2019
JUDGMENT,f b tE l tad'bbtt.(.:tu[ ]"tL,tatrh(.bandrd'\ hdtue)
This Courthas issuednoticesto the appellant'However' there isrio apPearancein spite o[ servicco[ notice'
The undisputedfacts o[ the case revealthat a writ Pet-ition was preferredby the presentappellanr Smt' M' Sudha Rani with the prayer torestrain rcspondentsNo 4 and 5 from taking up any constructionover the ProPertybearingNo'2-2-62/A' admeasuring 513 square yardssituated at newVinayak Nagar, Amberpet main road, within theGHMC l-imits,Hydcrabad'
Learned Single Judgehas disposedo[ the writ petition stating that a civilsuit is alreadypending belween the partiesz'e'' O.S.No.137 of2017 and thc writ petitionerdoes have a remedy to file appropriateapplicationin the pendingcivil suit'
This Court does notho<J any reasonto interfcre with the order passedbv the learnedSinglcJudgc'
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Admission oF theWrit Appcalis declinedwith the aforesaid liberry, whichhas alreadv bccngrzrntcdbv thc lcarncdSingle J udge
2
'I'hc \Vrit Appeal is, accordingly, dismissedNo costs'
As a sequel,miscellaneouspetitions' pending i[ any' stand
dismissed.
SD/.B.SATYAVATHI DEPUTY REGISTRAR //TRUE COPY// , SECTION OFFICER
To, '1 . Smt. M. Sudha Rani, Wo. M. Balraj, Aged about 51 years, No.2-3-6411140, Jaiswal Garden, Amberpet, Hyderabad. 2. Two CCs to GP for Municipal Administration and UrbanDevelopment, High Court for the State of Telangana at Hyderabad. [OUT] 3. One CC to Sri L. Venkateshwara Rao, SCFORGHMC [OPUCI 4. One CC to Sri Kantem Nandaiah, Advocate [OPUCI 5. Two CD Copies 6. One Spare Copy CHR GJP
HIGH COURT DATED:0610612022
JUDGMENT
W.A.No.17 of 2019
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DISMISSING THE WRIT APPEAL WITHOUT COSTS
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2 issues framed by the court
Whether condonation of delay and suspension of the impugned order should be granted pending disposal of the writ appeal.
Whether the High Court should interfere with the Single Judge's order refusing to issue injunction in favor of a civil suit.
1 provisions across 1 enactments
M. Sudha Rani
State of Telangana
Greater Hyderabad Municipal Corporation
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
