WP/28042/2005 of Mohd.Muzafaruddin Mahmood Khan Vs The Station House Officer, P.S. Pahadi Sharief on 30 December 2005

ORDER:

Seeking a Mandamus, directing the respondents not to interfere with the Civil Rightsand matters in respect of the land bearing Sy.No.125, admeasuring Ac.18.25 guntasof village Mankhal, Maheshwaram Mandal, Ranga Reddy District, the present writpetition is filed.

Heard the learned counsel for the petitioners and the learned Government Pleaderfor Home.

It is stated that one Mr.Habeeb Moshin, S/o.Habeeb Abdullah, resident of 18-10-78,Barkas, Hyderabad filed a civil suit in O.S.No.104/2005 along with I.A.No.430/2005on the file of the Junior Civil Judge, Ibrahimpatnam, Ranga Reddy District, for grantof injunction against the respondents therein who are the petitioners herein andothers from interfering with his peaceful possession and enjoyment over the suitschedule property bearing Sy.No.125, admeasuring Ac.18.25 guntas, situated atMankhal village, Maheshwaram Mandal of Ranga Reddy District, and the learnedJunior Civil Judge, by order dated 23.08.2005, granted interim injunction, restrainingthe respondents therein/petitioners herein from interfering with the peacefulpossession and enjoyment of the petitioner therein over the property in question till05.09.2005. It is stated that thereafter counters have been filed and the interiminjunction has not been extended from 05.09.2005. Thereafter the petitioners hereinhave also filed a civil suit in O.S. No.203/2005 on the file of the District Judge,Ranga Reddy District for cancellation of the alleged fabricated sale deed and forperpetual injunction and the said suit is pending. It is stated that though there is noany injunction of a civil court is subsisted against the petitioners herein, therespondents are interfering with the civil disputes over the property in question.

If there is no any injunction subsisted against the petitioners, it may not bejust and proper for the respondents to interfere with the civil disputes, unless therebeing a complaint either from the said Habeeb Moshin or anybody alleging that thepetitioners have committed a cognizable offence.

Having regard to the facts and circumstances of the case, the respondents aredirected not to interfere with the civil disputes over the property in question withoutthere being any subsisting injunction of any civil court or without there being anycomplaint filed either by Habeeb Moshin or anybody alleging that the petitionershave committed a cognizable offence.

With the above observations, the Writ Petition is disposed of. No order as to costs.

Dated: 30.12.2005

Dsr

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V.ESWARAIAH,J

Note:

Issue CC in two days

B/o

Dsr