THE ACTING CHIEF JUSTICE SRI B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE V.SURI APPA RAO WRIT APPEAL No.878 of 2010 JUDGMENT: (per the Hon’ble the Acting Chief Justice Sri B.Prakash Rao) Heard both sides and at their request, the main writ appeal is taken up for disposal, at the stage of admission. The appellant herein is the unsuccessful petitioner in Writ Petition No.2961 of 2010, where he sought for a comprehensive relief with regard to the possession and enjoyment of the alleged land in dispute. The learned single Judge by taking note of the various facts and circumstances, and also the fact that the appellant failed to file relevant records such as pahani and land revenue receipts in support of his plea that he is in possession of the above- mentioned land, by an order, dated 07.10.2010, vacated the interim order granted earlier on 18.02.2010 in W.P.M.P.No.3899 of 2010. Learned counsel appearing for the appellant submits that though the trial Court decreed the suit, which on appeal was confirmed by the lower appellate Court, the respondents are trying to disturb his possession over the disputed land and allot it to some other parties. However, on a bare reading of the judgment, dated 29.01.2009, passed in A.S.No.59 of 2002 on the file of the IV Additional District Judge (II Fast Track Court), Nalgonda, it is quite evident that the appellant’s rights are not mitigated. In fact, the operative portion of the said judgment reads as under: - “In the result, the appeal is disposed of by modifying the decree and judgment of the Junior Civil Judge’s Court at Nalgonda, dated 25.01.2002 in O.S.No.78 of 1998 by granting perpetual injunction restraining the defendants from interfering with the possession of the plaintiff over the suit schedule property including house therein. However, this judgment does not preclude the defendants from proceeding in any way, if they choose to take possession of said land by following the due process of law, after giving notice to the plaintiff and after considering the objections of the plaintiff if any and by passing necessary orders under the land Encroachment Act, if the said property is Government Land and within the Survey No.79 of Nalgonda. Under the circumstances, both the parties have bear their own costs through out.” The said appeal arose out of the suit filed by the appellant himself in O.S.No.78 of 1998 on the file of Junior Civil Judge, Nalgdonda, as the same was decreed. It is a suit for bare injunction and in view of the observations made by the lower appellate Court in the said appeal, it is not open for the appellant herein to claim possession and enjoyment over the land in dispute in his own exclusive right, title and interest. The appellant even now can substantiate his claim both as to right and title by filing a comprehensive suit. Hence, it is left open for the appellant herein to approach the civil Court and seek appropriate reliefs. We do not find any merits in this appeal, especially having regard to the discretion exercised by the Courts below, which we find is very apt and right. The writ appeal lacks merits and the same is accordingly dismissed. However, there shall be no order as to costs. _________________________ B.PRAKASH RAO, HACJ __________________________ JUSTICE V.SURI APPA RAO 30th November 2010 dr