THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition Nos.6256 of 2008 ORDER: The petitioner approached this Court for a writ of Mandamus directing respondents 1 to 3 to restrain the 4th respondent from making any unauthorized construction over the premises bearing No.8-2-404 and 404/1, Road No.6, Banjara Hills. The petitioner has stated the relevant facts in support of the prayer made by him. Heard the learned counsel for the petitioner, learned Standing Counsel for respondents 1 to 3 and the learned counsel for respondent No.4. During the course of arguments, it is brought to the notice of this Court that the petitioner and certain others filed O.S.No.454 of 2005 in the Court of III Additional Chief Judge, City Civil Court, Hyderbad for the relief of partition and injunction in respect of the suit schedule property. It is not in dispute that the relief claimed in this writ petition is in relation to the same property. The 4th respondent has figured as defendant No.3 in that suit. The suit is said to have been dismissed for default and the application for restoration thereof is said to be pending. Therefore, the writ petition is dismissed leaving it open to the petitioner to pursue the remedies in the suit before the civil Court. There shall be no order as to costs. _________ 09.11.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition Nos.6256 of 2008 Date: 09.11.2009 JSU