R.G. Venkateswar Rao, v. Secunderabad Cantonment Board,

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.1780 of 2018 Heard learned counsel for the petitioners and the learned Standing Counsel for Cantonment Board.

When the matter is taken up, a preliminary objection, as to the maintainability of the Writ Petition, has been taken by the learned Standing Counsel, appearing for the first respondent, stating that the petitioners herein have already instituted O.S.No.137 of 202017 on the file of the XII Additional Chief Judge, City Civil Court, Secunderabad against the unofficial respondents herein and they also filed an Interlocutory Application, under the provisions of the Order XXXIX Rules 1 and 2 r/w Section 151 CPC, seeking a direction to the unofficial respondents herein not to change the nature of the property or make any construction in the subject property and the same is pending consideration.

In view of the pendency of the above said civil litigation, this Court is not inclined to entertain the present Writ Petition. Accordingly, the Writ Petition is dismissed, however, with liberty to pursue the civil litigation.

As a sequel thereto, miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

________________ A.V.SESHA SAI 31st January, 2018.

Tsy