Common Order:

C.R.P. No.1056 of 2004 has been preferred by the respondent No.1 in I.A. No.2511 of 1998 in I.A. No.5107 of 1997 in O.S. No.4610 of 1997 on the file of the II Junior Civil Judge, City Civil Court, Hyderabad. The revision petitioner is the plaintiff in O.S. No.4610 of 1997. He filed the suit for perpetual injunction against the Municipal Corporation of Hyderabad. Along with the suit the plaintiff filed I.A. No.5107 of 1997 for temporary injunction. In the said application the plaintiff pleaded that they were constructing bona fidely on their land as per the sanctioned plan by leaving set backs etc., and they were constructing the structure as per the provisions of the Rules and Regulations. Believing the said statement, the trial Court granted ad interim injunction against MCH on 25-11-1997. While granting interim injunction, the Court directed the petitioner to file photographs showing the stage of the existing construction by the next date and further directed that the petitioner shall not make any unauthorized construction against the sanctioned plan under the guise of the injunction order.

2. After considering the affidavits filed by the petitioner and respondents and also the photographs filed by the petitioner and respondents 1 and 2 the trial Court has modified its earlier interim injunction order and passed the following order:

“Under these circumstances, it is ordered that the petitioner shall not make any construction in the suit premises until further orders excepting this modification, the injunction order granted earlier against MCH shall continue till further orders.”

Subsequently, the first respondent herein filed I.A. No.2511 of 1998 under Order 39 Rule.2-A read with Section 151 of the Code of the Civil Procedure praying the trial Court to hold an enquiry and punish respondents 1 and 2 - plaintiffs by putting them in civil prison or by attaching their properties for violating the order of injunction passed by the Court in I.A. No.5107 of 1997 dated 25-11-1997 and modified through the order dated 01-05-1998 and direct the restoration of the building to its original position by demolishing the unauthorized and illegal structures raised by them and pleased to pass such other order as the Court deems fit. The application was resisted by respondents. The lower Court, after making an enquiry, considered oral and documentary evidence and allowed the petition in part and directed the Office to issue arrest warrant on payment of process against first respondent for detaining him in civil prison for a term of one week as punishment and dismissed the rest of the claim. Being aggrieved by the order of the trial Court plaintiffs preferred C.M.A. No.114 of 2003 before the III Additional Chief Judge, City Civil Court, Hyderabad and the appeal was dismissed by confirming the order of the trial Court. Being aggrieved by the order of the appellate Court, the present revision petition has been filed.

3. In I.A. No.2511 of 1998 the petitioner-defendant No.2 pleaded as follows:

Respondents 1 and 2 - plaintiffs have been accorded sanction by the Municipal Corporation of Hyderabad for construction of only a part of ground floor, first floor and a part of second floor in the small area of 300 square yards admeasuring 45’ x 60’ with some conditions regarding set-backs and that the constructions shall be in accordance with the provisions of Urban Land Ceiling and Regulation Act, 1978. As per the sanctioned plan, the respondents shall keep five feet space on northern and southern sides open to sky; on the western side 10 feet space and on rear side 10 feet space open to sky shall be left as per the Rules and Regulations of the Municipality. Respondents 1 and 2 have started construction activity in violation of the sanctioned plan. The petitioner raised objection and got issued legal notice, but they continued their unauthorized construction with impunity. When the Municipal Corporation contemplated to demolish t