S.Sambasiva Reddy v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.9978 of 2017 ORDER:

Admittedly, petitioner instituted O.S.No.257 of 2009 in the Court of Senior Civil Judge, Madanapalle, against unofficial respondents praying for permanent injunction in respect the subject land and the said suit is pending. In the said suit, the petitioner also filed an application vide I.A.No.1280 of 2009 under the provisions of Order 39 Rules 1 and 2 of the Code of Civil Procedure and according to the learned counsel for the petitioner, on 29.10.2009, the civil Court granted ad interim injunction restraining the respondents therein from alienating the petition schedule property. It is also the submission of the learned counsel for the petitioner that the unofficial respondents are not adhering to the said order and they are also making constructions in the schedule land.

In view of pendency of the above suit, it is always open for the petitioner to seek necessary relief from the same Court where the civil suit is pending, and this Court is not inclined to entertain the present Writ Petition.

With the above observations, the Writ Petition stands disposed of.

AVSS, J W.P.No.9978 of 2017 Consequently, Miscellaneous Petitions, if any pending in this Writ Petition, shall stand closed. No order as to costs. _________________ A.V.SESHA SAI, J 22nd MARCH, 2017.

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