T. Sudhaker v. Sri Vijayendra Jain And 7 Others

THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY Contempt Case No.1335 of 2019 ORDER:

This Contempt Case is filed by the petitioner against the respondents herein alleging wilful disobedience of the order passed by a learned Single Judge of this Court in Writ Petition No.19190 of 2018, dated 10.06.2018. 2.

Vide above order, the learned Single Judge directed the parties to maintain status quo as on that date with regard to the subject constructions, and also directed the petitioners not to make any further constructions in the subject property.

3.

Learned Standing Counsel for the Greater Hyderabad Municipal Corporation, appearing for respondent Nos.7 and 8, contended that respondent Nos.7 and 8 have not violated the status quo order passed by this Court; in fact, in Interlocutory Application No.562 of 2016 in O.S.No.2087 of 2016 and in Interlocutory Application No.564 of 2016 in O.S.No.2089 of 2016, the VI Junior Civil Judge, City Civil

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Court, at Hyderabad, was pleased to grant status quo by directing the respondent therein not to interfere with the constructions being carried out by the petitioners therein; but, alleging that the unofficial respondents, viz., respondent Nos.1 to 6, are carrying out constructions without obtaining permission from the respondent Nos.7 and 8, the present contempt case has been filed by the petitioner;

that there are deviations in the said constructions made by the unofficial respondents;

however, the official respondents have also moved appropriate applications before the Trial Court to vacate the interlocutory orders granted by the Trial Court (referred supra); and therefore, the cause in the Contempt Case no longer survives for adjudication, and hence the same may be closed.

4.

In view of above submissions, this Court is of the considered view that the present Contempt Case can be closed by giving liberty to the petitioner to take appropriate steps if any illegal constructions are being carried out by the unofficial respondents, viz., respondent Nos.1 to 6, after disposal of the suit as well as the Writ Petition

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No.19190 of 2018, which is pending on the file of this Court either by filing a fresh writ petition or seeking revival of the Contempt case.

5.

With these observations, the Contempt Case is closed. No costs.

6.

As a sequel, miscellaneous applications pending if any in this Contempt Case, shall stand closed. __________________________________ C.V. BHASKAR REDDY, J Date : 08.02.2023 Ndr