THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY CIVIL MISCELLANEOUS APPEAL No.604 of 2014 Dated: 18.07.2014 Between:
M. Thirumala Rao and others.
.. Appellants and M/s. NASR Holdings Private Limited Rep. by its Managing Director Nawab Mir Khutubuddin Khan and others.
.. Respondents Counsel for the appellants: Mr. K. Suryanarayana Counsel for Respondents 1 & 2: Mr. Junaid Ali Qureshi The Court made the following:
JUDGMENT:
This civil miscellaneous appeal arises out of order dated 29.04.2014 in I.A.No.1882 of 2013 in O.S.No.1335 of 2013 on the file of the learned I Additional District Judge, Ranga Reddy District.
I have heard this case on three occasions. During the hearing of the case, on the suggestion of this Court, the learned counsel appearing for both parties have filed their respective photographs depicting the ground position of the suit property. Both these photographs more or less reflect the ground position, which looks identical with each other’s.
At the hearing, Mr. Junaid Ali Qureshi, learned counsel appearing for respondents 1 and 2, submitted that his clients will not raise any further constructions whatsoever other than those constructions already raised and as shown in the photographs filed by them and that no further signboards on the title or possession of the property also will be displayed.
Mr. K. Suryanarayana, learned counsel for the appellants, also stated that his clients also will not try to deal with the property in any manner.
In view of this agreement reached between both the parties, it is not necessary to adjudicate on the legality or otherwise of the order impugned in this appeal. It is, however, made clear that the findings recorded in the order under appeal will not have any effect whatsoever on the disposal of the suit.
The civil miscellaneous appeal accordingly stands disposed of, by placing on record the statements of the learned counsel for both parties and with the direction that both parties shall allow the suit schedule property to remain on “as is where is” basis till disposal of the suit.
As a sequel to disposal of the appeal, interim order dated 26.06.2014 is vacated and C.M.A.M.P.Nos.891 and 949 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 18th July, 2014 IBL