HON'BLE SHRI G.S.SINGHVI, THE CHIEF JUSTICE and HON'BLE SHRI JUSTICE G.V.SEETHAPATHY W.A. NO.2210 OF 2005 Between: Ahmed Nawaz Alladin ..... Appellant AND The Commissioner, Municipal Corporation, Tank Bund Road, Hyderabad and 5 others. .....Respondents ::JUDGMENT:: Counsel for the Appellant : Sri Peri Prabhakar Counsel for Respondent Nos.1 & 2: Sri Rama Rao Ghanta Counsel for Respondent No. 3 : Sri A.M.Qureshi Counsel for Respondent Nos 4 & 5: none Dated 29/6/2006 Per Sri G.S.Singhvi, CJ This appeal is directed against order dated 3.10.2005 passed by the learned Single Judge in Writ Petition No.20929 of 2005 whereby he rejected the appellant’s prayer for issue of a mandamus to Commissioner, Municipal Corporation of Hyderabad; Assistant City Planner, Circle No.2, Municipal Corporation of Hyderabad and Andhra Pradesh State Wakf Board to demolish the unauthorized construction made by respondent No.4 in Rikabgunj, Madina Building, High Court road, Hydearbad. During the pendency of the writ petition, several interim orders were passed including issue of direction to II Junior Civil Judge, City Civil Court, Hyderabad in the first instance and then III Additional Chief Judge, City Civil Court, Hyderabad to dispose of the matter pending before both of them. While the learned II Junior Civil Judge, City Civil Court dismissed the application for temporary injunction filed by one Mohammad Ishaq, S/o Mohammad Mehtab @ Mohammad Ismail, the appellate Court passed order dated 22.4.2006 and directed the parties to maintain status quo. Learned counsel for the appellant made efforts to persuade us to ignore the order of injunction passed by the appellate Court by arguing that the property which is the subject matter of the suit filed by Mohammad Ishaq is different than the one allotted to him by the Andhra Pradesh Wakf Board vide proceedings dated 15.1.1990. We have carefully gone through the order of injunction passed by the Appellate Court as also the proceedings dated 15.1.1990 and are not felt inclined to agree with the learned counsel for the appellant. Faced with the possibility of dismissal of the appeal, learned counsel for the appellant made a request for permission to his client to withdraw the appeal with liberty to file an application for his impleadment as party in the suit filed by Mohammad Ishaq in the Court of II Junior Civil Judge, City Civil Court, Hyderabad. In the facts and circumstances, we deem it proper to accept the request made by the learned counsel and dismiss the appeal with liberty in terms of the prayer made. We also make it clear that it will be open to the appellant to file an application before the trial Court for bringing on record evidence to show that the property in respect of which injunction has been granted is not the same which was allotted to the plaintiff by the Wakf Board. G.S.SINGHVI, CJ G.V.SEETHAPATHY,J msv