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Judgment
On the last date of hearing, the matter was adjourned at the request of learned counsel for the appellant, who had said that as the dispute is
between brothers, his client would like to settle the matter with the other side. Today, learned counsel states that the parties did speak to each other,
but the appellant is unable to meet the demand of the other side.
Mr. A.K. Narasimha Rao, learned counsel for the respondent states that his client is not inclined to press the punishment of simple imprisonment
imposed on the appellant in the impugned order. The concern of the respondent is only with respect to maintaining of status quo ante in respect of
premises No.6-1-00, Bapuji Nagar, Secunderabad. He states that the appellant has been trying to alter the features of the premises, which has already
been partitioned between the three brothers. The present dispute is only between the appellant and the respondent herein.
We have enquired the status of W.P.No.29262 of 2016 filed by the respondent. Learned counsel state that pleadings are complete in the said
petition and the same has to be heard finally. Both sides agree that the present appeal may be closed, if on the appellant giving an undertaking that he
shall not carry out any additions, alterations, variations or modifications in any part of the subject premises till the writ petition is decided and if the said
petition is decided in favour of the respondent, then the appellant shall remove the unauthorised construction in the premises in the shape of shutters,
raising of walls, grills etc., erected by him.
Learned counsel for the appellant is agreeable to the aforesaid condition and states that his client shall file an affidavit on the above lines, if granted
some time.
The appellant is directed to file an affidavit undertaking inter alia that he shall not change, alter, add or make any modifications in the subject
premises, during the pendency of the writ petition and in the event the respondent succeeds therein, he shall also remove the shutters, walls, grills etc.,
erected by him in violation of the status quo order dated 31.08.2016.
The said affidavit shall be filed within one week from today with a copy to learned counsel for the respondent. The Registry is directed to list
W.P.No.29262 of 2016 before the learned Single Judge as per roster, on 28.09.2021, for fixing an actual date of hearing in the matter.
The present appeal is disposed of along with the pending applications, if any.