HON'BLE MR JUSTICE GHULAM MOHAMMED AND HON'BLE MR JUSTICE P. SWAROOP REDDY C.M.A. NO. 793 OF 2010 Between: Smt., Vakati Saroja @ Sarojamma W/o late Muddukrishna .....Appellant AND R.Samantha Kumari W/o R. Balaji and one another .....RESPONDENTS JUDGMENT : (Per Sri Justice P. SWAROOP REDDY) This Civil Miscellaneous Appeal is directed against the Order and Decree dated 2.8.2010 passed in I.A.No. 719 of 2010 in O.S.No. 103 of 2010 on the file of III Additional District Judge, Tirupati, Chittoor District. The contention of the appellant–plaintiff is that he is the owner of plot No. 44 in S.No. 233/2 out of AC. 1.78 cents and the respondent defendant is the owner of Plot No. 8 and is making construction in Plot No. 44 belonging to the plaintiff under the guise that he is making construction in Plot No.8. No lay out is filed before the Court with regard to identity of the property. Further the plaintiff failed to produce material to show that the construction that was taken up by the respondent is in Plot No. 44 and not in Plot No.8 and by the time of filing of the suit itself the house was in advanced stage of construction and no interim order was granted in favour of the plaintiff. Now the learned counsel appearing for the respondent produced photographs showing that the construction of the building is completed. The Learned counsel appearing for the appellant though not disputing the fact that the construction is completed but apprehends that the respondent may make further constructions like first floor, the learned counsel appearing for the respondent submits that his client is not proposing to make any further construction. Under these circumstances, there is no harm in case the respondent is restrained from making further constructions till the disposal of the suit. Accordingly, the Civil Miscellaneous Appeal is disposed of directing the respondents not to make any further construction. However, they can complete the ground floor in all respects. The Court below is directed to dispose of the suit as expeditiously as possible. There shall be no order as to costs. ________________________ GHULAM MOHAMMED,J _______________________ P. SWAROOP REDDY,J DATE: 05.10.2010 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.