THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Miscellaneous Appeal Nos.545 & 546 of 2014 Between:
Dated 10th July, 2014 My Space Constructions and others And Walid Hussian Barzaiq and others …Appellants …Respondents Counsel for the appellants: Sri Yogesh Kumar Heroor Counsel for the respondents: Sri D.Vijaya Kumar for Ms.Hamsa Devineni The Court made the following:
COMMON JUDGMENT:
These two appeals have been filed against common order, dated 01.05.2014, to the extent it is concerned with I.A.Nos.398 and 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.
Today, this Court has passed order in C.M.A.No.533 of 2014. The learned counsel for both the parties agreed that an order similar to the one passed in the said CMA could be passed in these appeals.
The learned counsel for the appellants submitted that over two plots, which are subject matter of the suit, his clients have been constructing four flats each and that in order to protect the interests of the respondents, his clients are willing not to sell two flats each under construction on the two plots.
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 appellants are permitted to proceed with further construction and complete the flats subject to the condition that they shall not sell or encumber in any manner to third parties two flats each under construction on the two plots 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 appeals are accordingly allowed to the extent indicated above.
As a sequel to disposal of the appeals, C.M.A.M.P.Nos.775 & 776 of 2014 in the respective appeals shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 10th July, 2014
VGB