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Judgment
This Writ Appeal is directed against the order dated 06.03.2026 passed by the learned writ Court in W.P.No.40481 of 2025.
The order dated 24.03.2026 captures the dispute between the parties which reads as under:
"The appellants/respondent Nos.9 and 10, who are plaintiffs in O.S.No.1042 of 2022 have preferred this appeal inter alia on the ground that the learned writ Court failed to see that respondent No.1/writ petitioner had actually made construction in 10 acres of land, which include the land of the appellants. It also failed to see that the land covered under registered Sale Deeds Exs.R1 and R2 to the extent of Acs.4.37 guntas in Survey No.21 has already been sold by defendant No.1 in favour of defendant Nos.4 and 5 and that land had to be excluded while reckoning the land available for partition among the plaintiffs and defendant No.1. It is also the case of the appellants that their land remaining in the share of defendant No.1 after excluding the share of plaintiffs i.e., Acs.14.02 guntas could utmost be Acs.2.00 and nothing more. Therefore, the villas/plots that can be sold by respondent No.1/writ petitioner/developer could be only those falling within Acs.2.00 and not beyond."
Thereafter, on 08.04.2026, the matter was referred to the Mediation Centre, High Court Legal Services Committee, Hyderabad, for exploring the possibility of amicable settlement, and was directed to be listed on 24.06.2026, on which date, learned counsel for the appellants and respondent No.1 submitted that the parties had settled their dispute and Memorandum of Understanding (MoU) is being prepared which is dehors the mediation proceedings. As such, they prayed that the matter be placed before Lok Adalat wherein based on such settlement, an award could be passed. In view of the same, vide report dated 06.07.2026, the Coordinator, Mediation Centre, High Court Legal Services Committee, Hyderabad, closed the matter. Thereupon, the matter was referred to Lok Adalat, High Court Legal Services Committee, Hyderabad. Thereafter, the parties had settled the matter and the same is reduced into writing vide MoU dated 11.07.2026. The Chairman, Lok Adalat, by order dated 18.07.2026 has stated that since the compromise memo filed shows the settlement between the private parties which is beyond the scope of the writ jurisdiction, Lok Adalat cannot record the compromise with regard to the properties which are subject matter of civil suits in writ petitions/writ appeal. As such, the matter was referred to this Court for passing appropriate orders.
Learned counsel for the appellants and respondent No.1 submits that the controversy regarding the shares of the brothers and sisters over the schedule property which was the subject matter of the suits has been settled between the parties. Learned counsel for the appellants-sisters does not dispute that the MoU covers the dispute inter se between the brothers which was the issue involved in the writ petition in respect of which the writ petitioner had approached this Court questioning the refusal to register the documents relating to 94 villas in the project 'IQON West Luxury Homes', situated at Fathepur Village, Shankarpally Municipality and Mandal, Ranga Reddy District. The appellants had requested for registration of the documents relating to those villas subject to the outcome of O.S.No.1042 of 2022. That dispute stands settled between the brothers and sisters by virtue of the MoU and can be placed before the learned trial Court for recording the same and to dispose of the suit in that lines to the extent covered by the MoU. The suit land however covers the total area of Acs.21.00 out of which Acs.7.00 of land is involved in the aforesaid Writ Petition.
It appears that the appellant sisters had a grievance against the claim of the writ petitioner for registration of the villas covering the area of Acs.10.00 initially, as taken note of in the order dated 24.03.2026. Now, in view of MoL arrived at between the parties and the fact that the appellants no longer dispute the issue relating to the construction of 94 villas over Acs.10.00 (7-3) of land, the impugned direction of the learned writ Court upon the registering authority to receive, register and release the documents in respect of the villas constructed by the writ petitioner without reference to the impugned refusal letter dated 22.12.2025 issued by respondent No.5 needs no interference.
The Writ Appeal stands disposed of in the light of the settlement arrived at between the parties and the issue relating to the registration of 94 villas no longer being in the realm of private dispute between the appellants and respondent No.1 writ petitioner. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.
