Andhra Pradesh High Court
WA/831/2026 of KONDAPALLI RAM BALAJI Vs SRIPATHI VENKATA CHALAM on 8 July 2026
HIGH COURT OF ANDHRA PRADESH WRIT APPEAL NO: 831 of 2026 Kondapalli Ram Balaji Vs. Sripathi Venkata Chalam and Others Advocate for Appellant: Advocate(s) for Respondent(s): CORAM : THE CHIEF SRI JUSTICE CHALLA GUNARANJAN DATE : 9th July 2026 LISA GILL, CJ: Prayer in this appeal for setting aside
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APHC010347332026
IN THE HIGH WRIT Kondapalli Ram Balaji Vs. Sripathi Venkata Chalam an Advocate for Appellant: Advocate(s) for Responden CORAM : THE C SRI JU DATE : 9th Ju LISA GILL, CJ:
Prayer in this appe 17.06.2026, whereby, an in Bench to official responde carried out by writ petitioner H COURT OF ANDHRA PRADESH AT AMARAVATI
T APPEAL NO: 831 of 2026 Ben
nd Others ...Res
********** Mr. M Chalapati Rao nt(s): Mr. C. Nageswara Rao, Sen For Mr. Amarendra Jillella, R GP for Home Mr. A S C Bose (SC for Mun Corporations A.P.), GP Municipal Admn. and Ur A.P.
HIEF JUSTICE LISA GILL USTICE CHALLA GUNARANJAN uly 2026 eal for setting aside interlocutory o nterim direction has been issued by lear ents for not interfering with construct rs, statedly in accordance with the sanct nch Sr.No:-24
...Appellant spondent(s) nior counsel R-1 & R-2 nicipal rban Dev. rder dated rned Single tion activity tioned plan.
2. Present appellant arrayed as respondent No.26 in the writ petition, has filed this appeal with the averments that this ex-parte order has been passed as complete facts were not brought to notice of learned Single Bench at the time of passing of the same.
3. It is submitted that there is dispute regarding title of the property in question and O.S.No.409 of 2025 has been filed by present appellant and others against the writ petitioner and others, including the Municipal Corporation. In the said civil suit, status quo was directed to be maintained. The matter was listed on 19.03.2026 but the same being a public holiday, was adjourned to 23.03.2026. He has referred to various documents including the court diary register in this regard. However, the civil suit was somehow listed on 20.03.2026 and interim order in favour of the appellants was vacated. Appellant immediately filed a representation in this respect before learned District Judge, Krishna District, Machilipatnam., and an application for restoration of interim order has also been filed.
4. It is further contended that writ petitioners also filed O.S.No.456 of 2025, wherein, it was directed by learned Prl. District Judge (Junior Division), Machilipatnam on 10.11.2025 that status quo in respect to property in question should be maintained by both the parties to avoid multiplicity of proceedings. This civil suit was withdrawn by writ petitioners after filing of W.P. No.10200 of 2026, but fact of pendency of civil suit at the relevant time has deliberately not been mentioned in the writ petition. It is urged that earlier institution and pendency of the suit at the time of filing of writ petition should have been brought to the notice of learned writ court. In case, writ petitioners are permitted to continue construction, which had earlier been demolished, it would lead to irreparable loss and damage to present appellant.
5. Learned counsel for respondent has opposed this appeal while submitting that construction is being carried out in terms of approved building plan. It is however not denied that pendency of O.S.No.453 of 2025 at the time of filing of writ petition was not brought to notice of learned writ court.
6. Keeping in view the facts and circumstances as above, we deem it appropriate that these facts should be placed before learned writ court, where the matter is stated to be pending on 15.07.2026.
7. Learned counsel for appellant submits that counter shall be filed well before the said date.
8. Learned counsel for Municipal Corporation also submits that the counter on its behalf shall be filed before 15.07.2026.
9. Till the matter is placed before learned Single Judge to be decided in accordance with facts as noted above, which were admittedly not presented at the time of passing of order dated 17.06.2025, status quo as on today, be maintained by the parties.
10. It is clarified that it is the discretion of learned Single Judge to consider all the facts and circumstances as above and any other facts as may be brought before it by the parties and pass appropriate orders in accordance with law in respect to interim relief as well. There is no expression of opinion on the merits of the matter and reference to the facts is only for the purpose of disposal of this appeal.
11. Writ Appeal is disposed of accordingly. No costs.
12. Pending miscellaneous applications, if any, shall stand closed.
LISA GILL, CJ
CHALLA GUNARANJAN, J
GVK
Whether the order is Speaking/Reasoned : Yes
Whether the order is Reportable
: Yes / No
HON’BLE MRS. JUSTICE LISA GILL, CHIEF JUSTICE
&
HON’BLE MR. JUSTICE CHALLA GUNARANJAN
Writ Appeal No: 831 of 2026
DATE : 09.07.2026
GVK