THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Miscellaneous Appeal No.533 of 2014 Between:
Dated 10th July, 2014 M/s.JKL Engineers & Consultants And Walid Hussian Barzaiq and others …Appellant …Respondents Counsel for the appellant: Sri Resu Mahender Reddy Counsel for the respondents: Sri D.Vijaya Kumar for Ms.Hamsa Devineni The Court made the following:
JUDGMENT:
This civil miscellaneous appeal arises out of order, dated 01.05.2014, in I.A.No.374 of 2014 in O.S.No.331 of 2014, on the file of the learned IV Additional District Judge, Ranga Reddy District at L.B.Nagar.
I have heard the learned counsel for both the parties at length on 03.07.2014. During hearing, this Court has suggested to both the parties to work out an arrangement whereby the interests of both the parties can be protected pending the suit. On the suggestion of this Court, learned counsel for the appellant stated that his client is agreeable not to sell 12 (twelve) flats under construction or encumber the same to third parties pending the suit to protect the interests of the respondents.
Sri D.Vijaya Kumar, learned Senior Counsel appearing for the respondents, on instructions accepted this proposal of the learned counsel for the appellant.
In view of this fair understanding reached between the parties, the order under appeal is set aside. The appellant is permitted to proceed with further construction and complete the flats subject to the condition that it shall not sell or encumber in any manner to third parties the 12 flats out of 25 flats pending the suit. This order shall be subject to the outcome of the suit. The lower Court is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order.
The civil miscellaneous appeal is accordingly allowed to the extent indicated above.
As a sequel to disposal of the CMA, C.M.A.M.P.No.745 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 10th July, 2014
VGB