THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND THE HON’BLE SRI JUSTICE P.DURGA PRASAD C.M.A.Nos.663 and 664 of 2011 COMMON JUDGMENT: ( Per AM,J) This order shall dispose of C.M.A.Nos.663 and 664 of 2011 since they arise out of common order. The appellant/plaintiff filed suit in O.S.No.83 of 2010 on the file of the II Additional District Judge, Rangareddy District for declaration of title and for recovery of possession by removing the structures raised by the respondent/defendant. I.A.No.232 of 2010 was filed by the appellant to restrain the respondent from alienating the schedule property and I.A.No.224 of 2010 was filed for grant of interim injunction restraining the respondent from making any construction in the schedule property. By the impugned order both the I.As were dismissed. Hence, these appeals. During the course of arguments, it has been admitted by the learned counsel for the appellant that the schedule house property had been constructed by the respondent prior to the suit. From a perusal of the photographs annexed, it is clear that construction already stands raised in the property in question. Therefore, C.M.A.No. 663 of 2011 which is filed to restrain the respondent from raising any construction in the schedule property does not survive and it is accordingly dismissed. The appellant has also prayed that the respondent be restrained from alienating the property or creating any encumbrance over the same during the pendency of the suit. The learned counsel for the respondent vehemently opposed grant of any such injunction because according to him the construction is in survey No.316/1 whereas the appellant has claimed that the construction has been made in survey No.317/1. However, having regard to the facts and circumstances of the subject lis, C.M.A.No.664 of 2011 is disposed of with a direction that any alienation made by the respondent or any encumbrance created shall be subject to the final outcome of the suit. The trial Court is directed to dispose of the suit within a period of six months from the date of receipt of a certified copy of this order. No costs. ASHUTOSH MOHUNTA,J P.DURGA PRASAD,J Dt. 23.08.2011 lvl THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA AND THE HON’BLE SRI JUSTICE P.DURGA PRASAD C.M.A.Nos.663 and 664 of 2011 ( Per AM,J) Dt. 23.08.2011