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2017 Supreme(SC) 93

KURIAN JOSEPH, A.M.KHANWILKAR
K. M. PRATAP – Appellant
Versus
K. M. GOURISH – Respondent


JUDGMENT

KURIAN, J.

1. Leave granted.

2. The appellant is before this Court aggrieved by the interim order dated 12.09.2016 in Civil Misc. Appeal No. 559 of 2015 passed by the High Court of judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, permitting the respondents to proceed with the construction of the premises in question.

3. It is the apprehension of the appellant that in case the construction, as proposed by the respondents, is permitted, it would complicate the whole dispute, which is the subject matter of O.S.No. 1000 of 2014 on the file of the XVI Additional District & Sessions Judge, Malkajgiri, Ranga Reddy District, Telangana.

4. The High Court, taking note of the undertaking given by the respondents that in case ultimately it is held that the disputed property does not fall to the share of the respondents, they will not claim any equity in respect of the construction already made and that they will demolish the construction on their own costs and that they will not be doing any alienation without permission from the Court, permitted the construction to proceed with.

5. When the matter came up before this Court on 25.11.2016, this Court passed













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