M/S Kiwis Constructions And Builders, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.5136 OF 2017 O R D E R :

Heard counsel for the petitioner, the Government Pleader for Municipal Administration appearing for 1st respondent, Sri Ancha Pandu Ranga Rao, Standing Counsel for 2nd respondent, the Government Pleader for Home appearing for respondents 3 & 4, and Sri E.V.V.S.Ravi Kumar, Counsel for 5th respondent.

2.

Petitioner's grievance is that in violation of a status quo order granted by the Principal Senior Civil Judge, Rajamahendravaram, East Godavari District on 29.04.2016 in I.A.No.458 of 2016 in O.S.No.179 of 2016, 5th respondent is proceeding with construction.

3.

Sri Ancha Pandu Ranga Rao, Standing Counsel for 2nd respondent states that the 2nd respondent is not a party in the said suit and is unaware of the status quo order. 4.

Sri E.V.V.S.Ravi Kuarm, counsel for 5th respondent states that the 5th respondent had already filed counter affidavit in the said I.A and had also advanced arguments but the petitioner is taking time repeatedly in the Civil Court and avoiding disposal of the I.A.

5.

In the light of the above allegations and counter allegations, I deem it appropriate to direct the Principal Senior Civil Judge, Rajamahendravaram, East Godavari District, to decide I.A.No.458 of 2016 in O.S.No.179 of 2016 on his file.

6.

Therefore, the Writ Petition is disposed of directing the Principal Senior Civil Judge, Rajamahendravaram, East Godavari District to decide I.A.No.458 of 2016 in O.S.No.179 of 2016 on his file as expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 7.

Consequently, miscellaneous petitions pending if any, shall stand closed.

____________________________ M.S. RAMACHANDRA RAO, J 15th February, 2017 Note: Issue C.C. in four (04) days.

B/o gra