IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.252 OF 2010 DATED:16.4.2010 Between: S.V.S. Subba Rao … Appellant And Sri Bhavaraju Surya Balarama Rao and another … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.252 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) The dispute in respect of a piece of land along with other property became the subject matter of a suit – O.S. No.238 of 1978 before the Principal Senior Civil Judge, Kakinada, which culminated in a preliminary decree followed by a final decree, requiring the respondent No.1 – writ petitioner to deposit 1/24th share as per the rate prevailing on the date of the final decree. Subsequent to the adjudication of the suit, the respondent No.1 – writ petitioner obtained permission to raise construction which was represented against by the appellant resulting in order dated 17.7.2009, keeping the said permission in abeyance, consequently the Writ Petition which came to be disposed of vide judgment dated 18.11.2009 with a direction requiring the respondent No.1 – writ petitioner to deposit 1/24th of the value of the property mentioned hereinabove as per the present market rate. Being aggrieved, the respondent No.2 in the writ petition has come in appeal. We have perused the impugned order. We find no option but to set aside the impugned order because it has the effect of modifying the decree passed by the civil court which power could not have been exercised by the writ court in exercise of its extraordinary jurisdiction. We do so accordingly. Writ appeal is allowed and the impugned order is set aside. Nevertheless, nothing prevents the aggrieved party to invoke the appropriate remedy before the appropriate forum for redressal of its grievances, if any. SANJAY KUMAR, J NISAR AHMAD KAKRU, CJ 16-4-2010 B. Narsinga Rao