VIJAYA SUSHEELA Vs. COMMISSIONER

JUDGEMENT

(1.) Annexure-B, an order permitting the amalgamation of the plots belonging to the 3rd respondent is questioned in this writ petition.

(2.) The petitioners claims that the 3rd respondent has in fact encroached upon her property and this encroachment is also recorded in a suit, which had been filed by the 3rd himself. It is contended that if the 3rd respondent is permitted to proceed to construct on the basis of the order of amalgamation, the petitioners would be severely prejudiced.

(3.) It is not in dispute that the petitioners are already before the Civil Court in O.S.No.33/2019, in which the petitioners are seeking for a decree of injunction to restrain the 3rd respondent from encroaching upon their property. It is also not in dispute that the 3rd respondent had instituted O.S.No.28/2019, seeking for possession of a portion of his property, which is alleged to have been encroached upon by the present petitioners.