IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.680 OF 2014 DATED:22.4.2014 Between:
Gandham Sarojanamma … Appellant And Gandham Mangamma and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.680 OF 2013 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) The appeal is summarily dismissed as the learned trial Judge has taken correct course of action. However, learned counsel for the appellant says that the respondent - writ petitioner suppressed the material fact, namely, passing of order by Civil Court. We are of the view that the decree of the Civil Court was passed on consideration of dispute of two individuals inter se and the Government is not a party to that. Hence, the aforesaid orders and decree will not be binding on the Government. The action has to be taken independently. Accordingly, the learned trial Judge has permitted to do so. However, the action of the Government will not create or extinguish any right, title or interest of the parties in any manner, if there exists legally. No order as to costs.
Consequently, pending miscellaneous petitions, if any, shall also stand dismissed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 22.4.2014 bnr