Oral Order

1. Heard Sri M.S.P. Reddy, learned Counsel appearing on behalf of Ms. V. Baby Rani, learned Counsel for the Writ Petitioner and Sri Goli G.V.S. Sai, learned Counsel appearing on behalf of Sri S.V.S.S. Siva Ram, learned Standing Counsel for Vijayawada Municipal Corporation.

2. The facts on record would indicate that the Respondent Corporation has filed several Suits (O.S.No.1817 of 2019; O.S.Nos.898, 899, 900 & 903 of 2020) before the Principal Civil Judge (Junior Division) cum Judicial Magistrate of First Class Court, Vijayawada. The Petitioner is a Defendant in the Suits and each Suit has been filed for evicting the occupant from the respective shop and the Writ Petitioner is the occupant of all the Suit shops. Vide Judgment and Decree dated 20.11.2025, the learned Principal Civil Judge (Junior Division), Vijayawada was pleased to Decree the Suits in favour of the Corporation and against the Writ Petitioner herein.

3. It transpires from the facts that the Judgment Debtor/Writ Petitioner has filed Appeal Suits bearing A.S.Nos.233, 234 & 235 of 2025 on the file of the II Additional District Judge, Vijayawada. It transpires from the facts that the Writ Petitioner has filed I.As (I.A.Nos.1094 of 2025, 1095 of 2025 & 1096 of 2025) seeking stay/suspension of the Judgment and Decree and notices have been issued to the Respondent Corporation. It also transpires from the record that the Appeal proceedings have been adjourned to 09.03.2026 and the matter was posted before the Appellate Court on 04.05.2026.

4. In the light of the above facts, this Court is of the view that the Writ Petitioner herein has suffered a Decree on 20.11.2025 and the Writ Petitioner has approached the Appellate Court. The Appellate Court is the Court of facts and it is the only competent Court to consider the merits of the case even for grant of Interim Order. While the Applications are pending before the Appellate Court, it is trite law that the Writ Courts ought not to interfere. This apart, the Judgment Debtor/Writ Petitioner, having been unsuccessful in securing the Interim Order so far from the Appellate Court cannot be permitted to resort to ‘Forum Shopping’, for, what could not be achieved directly cannot be permitted to be achieved indirectly either.

5. In this view of the matter, this Writ Petition is dismissed as being devoid of any merit. It is clarified that this Court has not expressed anything on merits and the Appellate Court shall consider the Interlocutory Applications (I.A.Nos.1094 of 2025, 1095 of 2025 & 1096 of 2025) filed by the Writ Petitioner on their own merits and without being influenced by any of the observations made in the present Order. The Appellate Court is also directed to consider the I.As (I.A.Nos.1094 of 2025, 1095 of 2025 & 1096 of 2025) as expeditiously as possible, preferably on the next scheduled date, without granting unnecessary adjournments.

6. With these observations and directions, this Writ Petition stands dismissed. No order as to costs.

7. Interlocutory Applications, if any, stand closed in terms of this order.