Kotari Rajyalakshmi v. The State Of A.P.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION NO.29203 OF 2016 O R D E R :

The case of the petitioner is that she filed O.P.No.655 of 2016 on the file of XIV Additional District Judge-cum-Family Court at Vijayawada for grant of maintenance and also filed I.A.No.522 of 2016 for grant of injunction restraining the 3rd respondent from alienating the subject property. Pending the same, the 3rd respondent is trying to dispose of the said property. Hence, the present writ petition is filed seeking a direction to the 2nd respondent not to entertain the document presented by the petitioner in respect of the subject property.

Heard the learned counsel for the petitioner. In the present case, it is to be taken note of that once the O.P and I.A. filed by the petitioner is pending before the Family Court for grant of maintenance and injunction, the petitioner has to obtain appropriate orders in the said I.A. and she cannot simultaneously initiate parallel proceedings by way of writ petition and O.P. In view of the same, I am not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed. However, it is open for the petitioner to agitate her right in the I.A filed for injunction and it is for the concerned court to deal with the said I.A. in accordance with law as expeditiously as possible. No costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

________________________________ A.RAJASHEKER REDDY, J 30.08.2016 dv