Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 17 August 2026
Case Overview
- Parties: Appellant/ Petitioner – M/s. Hymarque Constructions Private Limited; Respondent – Asiya Begum & Ors.
- Origin: The dispute arose from an interlocutory application filed by the appellants/defendants seeking an interim injunction to restrain the respondents from alienating suit‑schedule property.
- Trial Court (28‑Oct‑2025) dismissed the interlocutory application; the High Court (17‑Apr‑2026, CMA No. 60/2026) allowed it, directing preservation of the property.
- The Supreme Court examined whether a prima facie case existed under Order XXXIX Rules 1‑2 CPC. It noted substantial questions regarding title transfer: no registered deed conveyed title to the Trust (Jamia Elahia) and the Trust, though described as charitable on 04‑Aug‑2023, registered a DAGPA for commercial purposes within 13 days of its registration (17‑Aug‑2023).
- The Court held the Trial Court failed to notice suspicious circumstances and red flags, and therefore should have preserved the suit property pending adjudication to avoid irreversible prejudice.
Arrangement Between Parties
- During hearing, Senior Counsel Mr. Niranjan Reddy and Mr. Dama Sheshadri Naidu, after consulting their clients, agreed to earmark specific unencumbered plots as security pending disposal of the suit. The plots and their areas (in square yards) are:
- Plots 47‑84: 230, 205, 180, 212, 580, 512, 289, 259, 229, 200 respectively.
- Plots 134‑222 (selected): 183, 259, 250, 183, 183, 183, 183, 183, 183, 183, 183, 183, 233, 171, 171, 171, 214, 183, 183, 250, 250, 183, 183, 183, 346, 204, 182, 182, 182, 250 (total area 10,067 sq yds).
- All listed plots are presently mortgaged to the Hyderabad Metropolitan Development Authority (HMDA) as per statutory regulations.
- Mr. Niranjan Reddy undertook that his clients will secure release of the HMDA mortgage once the layout plan receives approval. The Court recorded these undertakings and clarified that the plaintiffs’ right to enforce a decree remains irrespective of any non‑compliance by the appellants.
Final Outcome
- The Supreme Court set aside the High Court order dated 28‑Oct‑2025 (CMA No. 60/2026) and vacated any interim orders.
- All connected applications were disposed of.
- The civil appeals stand disposed of as per the signed order dated 17‑Aug‑2026.
- The parties are bound by the agreed arrangement concerning the earmarked plots and mortgage release, subject to layout‑plan approval.
Topics: Property Dispute, Court Order