AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Ms. K.Jayasree, learned counsel for the petitioner; Ms. M.Bhagya Sri, learned Standing Counsel for respondent No.2; Mr. A.Raja Chandra Sheker Goud, learned counsel for respondent No.3; Mr. V.Narsimha Goud, learned Standing Counsel for HMDA, appearing for respondent No.4; and perused the material on record.
Learned counsel for the petitioner submitted that suit in O.S. No.52 of 2020 was filed by the petitioner for perpetual injunction against Avalanches Infra Tech Private Limited and on contest, the order dated 03.02.2026 was passed by the learned Junior Civil Judge, Chevella (for short 'trial Court') in I.A. No.227 of 2020 wherein both the parties were directed to maintain status quo in respect of the property admeasuring Ac.0-10 guntas in Survey No.304/A10 and Ac.0-10 guntas in Survey No.304/AA6, situated at Shankarpally Village and Mandal Ranga Reddy District. Learned counsel submitted that in the light of the status quo order, respondent No.3 cannot be permitted to go ahead with the building construction.
Learned counsel for respondent No.3 submitted that the documents of respondent No.3 have been duly verified and on being prima facie satisfied with his title; HMDA granted permission to respondent No.3 on 15.10.2025. Learned counsel further submitted that there is dispute regarding the identity of the subject property. The property where the building construction is being undertaken by respondent No.3 is distinct from the subject property claimed by the petitioner. That interim order dated 31.03.2026 was passed by this Court directing respondent No.3 not to make any further construction in the subject property in view of the status quo order dated 03.02.2026 passed by the trial Court. It is further stated Exs.R-3 to R-14 documents reveal that construction of building is going and if interim order dated 31.03.2026 is not vacated, respondent No.3 would suffer irreparable loss and injury.
In the light of the interim order dated 31.03.2026 passed by this Court in view of the status quo order dated 03.02.2026 passed by the trial Court, the petitioner is given liberty to submit objections to the building permission dated 15.10.2025 issued to respondent No.3 within a period of ten (10) days from the date of receipt of a copy of this order. The objections so filed shall be disposed of within a period of four (4) weeks thereafter. Until such exercise is done, the status quo order dated 03.02.2026 shall continue. The construction in the subject property shall be subject to outcome of such enquiry pursuant to the objections submitted by the petitioner.
Accordingly, this writ petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the