Extracted from the PDF above. The PDF is authoritative.
APHC010277802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) li MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13981 OF 2025 Between:
1. Damma Srinivas, S/o. Nageswara Rao, aged about 48 years R/o Door No. 5-24, Manda Vari Pet. Rustumbada Post, Rustumbada Rural, Narasapur Mandal, West Godavari District -534275. Ms. Damma Kanaka Durga, D/o. Nageswara Rao, aged about 46 years R/o. Door No. 5-24, Manda Vari Pet, Rustumbada Post, Rustumbada Rural, Narasapur Mandal, West Godavari District-534275
2. ...Petitioners AND M/s Bank of Baroda, Narasapuram Branch, Rep. by its Authorised Officer, Narasapur Mandal, West Godavari District-534275 ...Respondent Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari to (i) Call for the case records relating to notice of the Advocate Commissioner dated 23.05.2025 pursuant to
order dated 2025 on the file of Chief Judicial Magistrate-cum-Principal Civil Judge (Senior Division), Eluru and (II) To set 17.03.2025 in CrI.M.P. No. 136 of 3
dated 23.05.2025 pursuant to the file of Chief aside the notice of the Advocate Commissioner Crl.M.P. No. 136 of 2025 on
order dated 17.03.2025 in Judicial Magistrate-cum-lPrincipal Civil Judge (Senior Division), Eluru.
lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the f 9"^ n*s 9025 Dursuant to order dated 17.03.2U2o the fiie of CNef Judicial Magistrate cum Principal Civil Judge (Senior Divisi ), Eluru pending disposal of the above writ petition. Counsel for the Petitioners: SRI T B L MURTHY counsel for the Respondent: SRI S RAJA SEKHAR KASHYAP The Court made the following order:
Bench Sr.No:-73 [3483] high court of ANDHRA PRADESH at AMARAVATl WRIT PETITION NO: 13981 of 2025 APHC010277802025 jjg li 0[ ...Petitioners Damma Srinivas and another Vs. ...Respondent M/s. Bank of Baroda ********** Mr. T. B. L. Murthy Mr. S. Raja Sekhar Kashyap
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 30th June 2025 Advocate for Petitioners Advocate for Respondent DATE PC: had already approached the Debts of S.A.No.281 of 2025, which was vide I.A.No.1805 of 2025, on The petitioners’ case is that they Tribunal, Visakhapatnam, by way interim application Recovery also accompanied by which no orders had been passed. an dispossessed, the
2. It was stated that in case the petitioner was before the DRT would be rendered academic. proceedings of the matter, this Court, by virtue of order, dated the said I.A.No.1805 of 2025 in of execution of warrant for a In that view
directed the DRT to consider with law and had ordered the stay 3., 29.05.2025 accordance period of four weeks.
learned counsel for the respondent Bank that counsel We are informed by the matter was listed today
4. before the DRT where the petitioners’
2 HCJ & RCJ W.P.No.13981 of 2025 made a statement that the matter cannot be argued on the interim application in view of the pendency of the writ proceedings before this Hon’ble Court. This Court on 29.05.2025 had clearly
directed the DRT to consider the I.A. and the intention was never to permit the petitioner to (jlelay the finalization of at least the I.A., which was pending before the DRT. T^he pendency of the present writ petition was therefore not a bar for the DRT to take a final call on the I.A.
5. somehow
6. Be that as it may, we dispose of this petition with a direction to the DRT to pass appropriate orders in the I.A. within a period of three (3) weeks from today. The possession of the petitioner shall be protected till such time as the orders are passed by the DRT. We make it clear that in case if there is any attempt made by the petitioner to delay the proceedings, it shall be open to the DRT to pass appropriate orders and the interim protection shall be valid only for a period of three (3) weeks. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed.
Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// I OFFICER To,
1. The Authorised Officer Bank of Baroda, Narsapuram Branch, Narasapuram Mandal, West Godavari District. 634275
2. Debts Recovery Tribunal, Visakhapatnam
3. OneCCto Sri, T B L Murthy Advocate [OPUC] Raja Sekhar Kashyap Advocate [OPUC]
4. One CC to Sri. S
5. Three CD Copies gsc
HIGH COURT DATED;30/06/2025
ORDER WP 13981/2025 KTANDga if D 5 JUL 2U25 ■V SvCurwntSwtig^^ *. «3V DISPOSING THE WP WITHOUT COSTS