THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.570 OF 2009 Dt.25.8.2009 Between: Andhra Pradesh Rajiv Swagruha Corporation Limited (APRSCL) Rep. by its Managing Director, 1-2-386, Bharath Scouts and Guides Domalguda, Hyderabad, and another … Appellants And Rajiv Swagruha Welfare Association Chanda Nagar Road, Regd. No.1482/07 Office at HIG-41, IX phase, KPHB Colony Kukatpally, Hyderabad-72 and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.570 OF 2009 JUDGMENT: (per the Hon’ble the Chief Justice Sri Anil R. Dave) At the request of the learned Advocates appearing for the parties, the appeal is finally heard and disposed of today. Respondent No.1 is an association of persons. The members of respondent No.1 - association have agreed to purchase residential flats constructed by the present appellants. As the members of respondent No.1 - association could not make payment of purchase price, as per the terms determined by the members on one hand and the appellants on the other, certain actions were taken against the members and therefore Writ Petition No.9117 of 2008 was filed by respondent No.1 association. Being aggrieved by the interim order dt.29.12.2008 passed in the said petition, present appellants – original respondent Nos.4 and 5 have filed this appeal. By virtue of the interim order passed by the learned Single Judge, it has been directed that the allotment made in favour of the members of the association should not be cancelled until further orders and if any allotment made in favour of the members has already been cancelled and any allotment was made in favour of third party, the said allotment shall be subject to further orders which might be passed in the Writ Petition. At the time of hearing of this appeal, it has been submitted by the learned Advocate appearing for respondent No.1 – association that the members of the said respondent have made arrangements for funds and the members are likely to make payment which is due and payable to the appellants within four weeks from today. In view of the above circumstances, the interim order is modified to the effect that for a period of four weeks from today, the appellants shall not allot the flats, which have already been allotted to the members of respondent No.1 – association, to third parties. However, after four weeks, if, in the meantime, the unpaid amount, which has already become due and payable, is not paid by the members of respondent No.1 – association, it would be open to the appellants to take appropriate action in accordance with law, including that of allotting the flats to third parties. With the above modification, the appeal stands disposed of as allowed with no order as to costs. Looking to the facts of the case, Registry is directed to notify Writ Petition No.9117 of 2008 for final hearing in the last week of November, 2009. ______________ ANIL R. DAVE, CJ ______________________ C.V. NAGARJUNA REDDY, J 25.08.2009 bnr