The High Court · 2025

T.V.R. Satya Prasad, S/o. Late Sri T. Subrahmanyam, Aged.6a yeals, Adult' Occ. Profe6sional. R/o. H.No.'1 -9-295/9A, Vidyanagar, Hyderabad-SO0 G44' ...APPELLANT/PETITIONER/PLAINTIFF AND

1. Amar Co-Operative Housing Society Ltd, Re.gd NoTAB 50p'-fry.b^y-.t(s pi"iiO"r,t S| Dayanano GrIpta S/o Late Dulichand, Adult, D'No'7-1-2714' beiioll Holut Gnjen Park, Gieenlands, Ameerpet, Hyderabad-500016' 2. Smt. Kantha Devi Agarwal. Wo. Ramesh Chander Aga.rwa!, 4S-{^about 64 - V;;;.,'G. Hou.ewir", R/o sRT-573, Sanathnagar, Hyderabad-SOOO18' 3. Hvderabad Metropolitan Development Authority (HMDA), (Plevbusty - Hiderabad Urban Development Authority (HUDA))' Rep by its Vrce Ulalrman arid Managing Director having its Office at Swarna Jayanti C-ornplex, Srlnlvas ilA;;, S;;j"Eva Ceooy Naga-r Road. Ameerpet, Hvderabad-So00B2'

4. Greater Hyderabad Municipal .CorporlJion .(GHMC). qitgb N::?9.-1f-y9:t Zone, Serilingampally, Rep by its Zonal Commissioner, senllngampally' Ranga ReddY District-500046. (Respondent Nos.1 and 2 are not necessary parties to this Appeal) ...RESPONDENTS lA NO: 2 OF 2025 Petition under Order 39 Rules 1 & 2 R/w Section ,l51 CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant an order of ad interim injunctiorr against the Respondents 3 and,4 and their agents, henchmen etc., restraining them from interfering with the peaceful possession and enjoyment of the petitioner/ Appellant in respect c,f the Suit Schedule Property, more particularly described in the schedule annexed to this petition, pending disposal of the Appeal. SCHEDULE OF PROPERTY All that part and parcel of land of 300 Sq. yards with constructed Shed bearing Municipal No. 1-68/l87 with electricity connection bearing SC No.49003124in Sy.No,47 situated at Amar Co-operative Housing Society, Guttala Begumpet Village, Serlingampally Mandal (presenfly GHMC, West Zone) Ranga Reddy District and bounded by: NORTH : Plot No.7 SOUTH : Plot No.9 EAST : Water Tank and Plot No.80 WEST : 40 feet road Counsel for the Appellant: Sri Manjari S Ganu Counsel for the Respondents: The Court made the following: ORDER THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTTCB NAMAVARAPU RAJESHWAR RAO C.M.A.No.1l OF 2025 JI]DGMENT (per Hon'ble Sri Justice P.Sam Koshy) Heard Ms. Manjari S. Ganu, leamed counsel for the appellant. Perused the record.

2. The instant civil miscellaneous appeal has been filed challenging the order dated 28.10.2024 passed in I'A'No'1670 of 2024 in O.S.No.l77 of 2024 by the leamed Vl-Additional District and Sessions Judge, Ranga Reddy District, at Kukatpally'

3. Vide the impugned order, the Court below has rejected the injunction petition filed by the appellant/plaintiff under Order XXXIX Rules I and 2 CPC seeking injunction to the extent of restraining respondent Nos.3 and 4/def'endant Nos'3 and 4 from interfering with the peacefut possession and enjoyment of the suit schedule property.

4. Respondent Nos-3 and 4 i.e., Hyderabad Metropolitan Development Authority (HMDA) and the Greater Hyderabad Municipal Corporation (GHMC) in splte of notice remained 1 ex parte. The Court below in the course ofconsidering the petition under Order XXXX Rules I and 2 CPC reached to the conclusion that there is a dispute in respect of the schedule property i.e., the suit schedule property which is Ptot No.8 in Amar Cooperative Housing Society Limited, Sy.No.47, Guttala Begumpet Vittage, Serilingampally Municipality and Mandal, Ranga Redd1, Districr with Municipal No.1-68i 187 so far as the shed which is constructed thereon.

5. The leamed counsel for the appellant submits that rhere is a registered sale deed executed in favour of the appellant rvay back on [[.il.1998 by defendant No.2, the vendor lrom whom the appellant had purchased and since then the appellant is in possession of the said property. However, there was a dispute in respect of the said suit schedule property as defendant No-s.3 and 4 initially clairned to be the open land left for construction of the electrical sub-station and at a later stage took a stand of it being earmarked for development of open space and garden. Ihe two r.vrit petitions i.e., W.P.No.26856 of 2003 and subsequenrly W.P.No.33l7 of 2008 in this regard were fi[ed. W.p.No j3l7 of ? "'-::.,:::::dt*' /' - 3 , far as the suit allowed in favour of the appellant' however' 2008 was subsequently in a writ appeal i'e'' W'A'No' 1529 of 20 l3' the order passed in the writ petition was set aside and the parties were allowed to relegate their dispute before the Civil Court concerned' as there were disputed questions of fact involved' pursuant to which the Present suit was filed' 6. Given the fact that there is a dispute so schedule property is concemed and the appellant prima facie has a registered sale deed in his favour in respect of the suit schedule property and moreover' the contesting respondent Nos'3 and 4 have remaine d ex parte in spite o[ proper service, we are of the considered opinion that instead ol issuing notice and keeping the instant civil miscellaneous appeal pending without any lunher progress to the civil suit' the ends ofjustice would be served if the order of status4rzo in respect of the suit schedule property so t'ar as the possession of the property is concerned' is maintained by alt the pa(ies, neither parties would be pernrittetl to raise any construction on the suit schedule property till the suit is linatly decided' Let the 0 I 4 suit be proce,edcd and decided at the earliest to resolve the whole dispute once and lor all.

7. l'he civil rniscellaneous appeal is, accordingly, disposed of. l'here shal[ lre no order as to costs. Consequently, miscellaneous petitions pendrng, if any, shall stand closed. //TRUE COPYII A.V.S.S.C.S.M. SARMA JOIN REGISTRAR JS TION OFFICER l The Vr Additionar District and sessions Judge, R.R. District at Kukatoarv 'l^[h#i",:l]il,:T',[,#;*,[:i*_gn:;#yRa;.:#?,"fi ll{:u,l t 500082. circre No.2 0, west Zone, serir insampa ily, *ffi"fi!!ff 9,,:l,..ffJbda?Hlvrc, 4. One CC to Sri lr/aniari S Ganu, Advocate [OpUC] 5. Two CD Copies To, Vtl/gh I 1 ,1 e 1i.{E S Ia o ( ) ) ( r ) 2 4 FiB 2025 * D€ {iPnrctr ,rQ HIGH COURT DATED: 07tO1tZOzS JUDGMENT CMA.No.11 of 2O2S DISPOSING OF CMA \2 o,lr