THE HON'BLE SRI JUSTICE B.PRAKASH RAO AND THE HON'BLE SRI JUSTICE R.KANTHA RAO CONTEMPT CASE NO.1223 OF 2010, CIVIL MISCELLANEOUS APPEAL NOs.283 AND 284 OF 2010 COMMON JUDGMENT: {Per the Hon’ble Sri Justice B.Prakash Rao} Heard Sri K.Durga Prasad and Sri Kishore Rai, the learned counsel appearing on either side. Since the Contempt Case and both the Civil Miscellaneous Appeals arise out of the same proceedings and between the same parties, at request on either side, all the three matters are taken up together for disposal. The applicant in the Contempt Case is the appellant-plaintiff, who filed the suit in O.S.No.623 of 2009 on the file of the II Additional Chief Judge, City Civil Court, Hyderabad, for possession in respect of an extent of 283 square yards on the ground of encroachment made by the respondent-defendants. The applicant claims right, title and interest in Survey Nos.23, 24, 25 and 20/4 situated at Somajiguda, Hyderabad. The said suit is being contested denying any encroachment as such and the case of the respondents-defendants is that their land is in Survey No.22 and they are not concerned with any piece of land in Survey Nos.23, 24, 25 and 20/4. Pending the said suit, the applicant filed I.A.Nos.3237 and 3238 of 2009, inter alia, seeking injunction against the respondents- defendants that they are changing the nature of the property and also alienating in favour of the third parties. Both the applications, after contest by the respondents, were dismissed. Hence, both the appeals are filed against the said orders. Pending these appeals, this Court granted status quo and contending that the status quo orders are violated and further construction activity being taken up, the applicant filed C.C.No.1223 of 2010. During the course of hearing, this Court appointed Advocate Commissioner to make spot inspection and submit a report. Accordingly, the Advocate Commissioner inspected and submitted a report. As per the report, the encroachment is only with regard to 49.36 square meters. Having heard the learned counsel on either side and on perusal of the material available on record, we are of the view that since there are serious questions with regard to right, title and interest and also the possession apart from encroachment involved, the same would be decided more aptly after regular trial rather than considering all these aspects at the interlocutory stage. Hence, we are of the view that the suit itself can be disposed of at the earliest in the interest of the claims set forth and the construction activity with which they are engaged. Learned counsel on either side expressed their willingness to proceed with the suit even giving up Summer Vacation and if necessary, by adopting day-to-day trial. They even submitted that they would not seek any adjournments. Taking note of the said submissions made by both the sides, the Contempt Case and both the Civil Miscellaneous Appeals are disposed of directing the Court below to dispose of O.S.No.623 of 2009 within a period of one {1} months from the date of receipt of a copy of this order, by conducting day-to-day trial forgoing Summer Vacation as well, if it warrants. No costs. It is made clear that both the parties shall maintain status quo in respect of the suit land. Office to send the necessary papers and the reports of the Advocate Commissioner and other Officials to the Court below immediately. _________________ (B.PRAKASH RAO, J) ________________ (R.KANTHA RAO, J) 24th March 2011 Note: CC by one week B/O RRB