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2025 DAILYLAW 43825 (AP)

Vinnakota Prabhavathi, v. The Union Bank of India,

WP/12155/2024 · 2025-04-27

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE T T5 o H ■ - ^-4 AO'-'— ^ PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 12155 OF 2024 Between: Vinnakota Prabhavathi, W/o. V. Srinivasarao, Aged about 48 years, Occ; Business, R/o. HNo 3-81, Vinnakotavaristreet, Padugupadu, Kovur, SPSR Nellore District. ...PETITIONER AND 1. The Union Bank of India, Kovur Branch, Near Mythili Centre, Main Road Kovur, Rep. by its Authorized Officer SPSR Nellore District. 2. M. Sasikala, W/o. Manohar Bommisetty, R/o. D.No. 2-11, KR Palem, Sulurpet, SPSR Nellore District. ...RESPONDENTS^^ Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 1 st Respondent in taking steps to take physical possession of the two shop rooms bearing D.No.1-1-168 situated at Ward No.1, adjoining main road, Kovur, SPSR Nellore District pursuant to the Orders passed in Crl.M.P.No.27/2024, dt. 10.05.2024 on the file of Chief Judicial Magistrate - cum PrI. Assistant Sessions Judge, Nellore including notice issued by the Advocate commissioner dt. 20.05.2024 as illegal arbitrary and one without jurisdiction and consequently direct the 1 respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the two shop rooms bearing D.No.1-1-168 situated Ward No.1, adjoining main road, Kovur, SPSR Nellore District by setting aside the Orders passed in Crl.M.P.No.27/2024, dt. 10.05.2024 on the file of Chief Judicial Magistrate - cum PrI. Assistant Sessions Judge Nellore including notice issued by the Advocate commissioner dt. 20.05.2024. at lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings pursuant to Orders passed in Crl.M.P.No.27/2024, dt. 10.05.2024 on the file of Chief Judicial Magistrate - cum PrI. Assistant Sessions Judge, Nellore including notice issued by the Advocate commissioner dt. 20.05.2024 pending disposal of the Writ Petition. lA NO: 2 OF 2024 Between: The Union Bank of India, Kovur Branch, Near Mythili Centre, Main Road Kovur, Rep. by its Authorized Officer SPSR Nellore District. ...PETITIONER/1®^ REPONDENT AND 1. Vinnakota Prabhavathi, W/o. V. Srinivasarao, Aged about 48 years, Occ: Business, R/o. HNo 3-81, Vinnakotavaristreet, Padugupadu, Kovur, SPSR Nellore District. ...RESPONDENT/PETITIONER 2. M. Sasikala, W/o. Manohar Bommisetty, R/o. D.No. 2-11, KR Palem, Sulurpet, SPSR Nellore District. ...RESPONDENTS Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 30.05.2024 in W.P. No. 12155 of 2024 and dismiss the WP. Counsel for the Petitioner: SRI C SUBODH Counsel for the Respondent No.1: SRI SREEDHAR VALIVETI Counsel for the Respondent No.2: SRI B VAMSI KRISHNA The Court made the following: ORDER APHC010244052024 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI r WRIT PETITION NO: 12155 of 2024 Vinnakota Prabhavathi ...Petitioner Vs. The Union Bank of India and another ...Respondents Advocate for petitioner Advocate for respondents Sri C. Subodh Sri Sreedhar Valiveti, Sri B. Vamsi Krishna. CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE ; 28th April 2025 PC : Learned counsel for the parties agree that the petitioner has since approached the Debts Recovery Tribunal, Visakhapatnam by filing Securitization Application bearing No.250 of 2022 and the matter is listed on 27.05.2025 for final hearing and disposal. We see from the record that there was an interim order granted in 2. favour of the petitioner by virtue of order dated 30.05.2024 in W.P.No.12155 of 2024. We order that the said order shall remain in force till 27.05.2025. Thereafter, it shall be open to the petitioner to seek extension, if so warranted by the Debts Recovery Tribunal. 2 rw to costs. the Writ Petition is disposed of. No order as , shall stand closed. Accordingly 3. miscellaneous applications, if any Pending sd/- SHAIK MOHD. RAFl assistant registrar ^ OFFICER //TRUE COPY// Branch, Near Mythili To, Union Bank of India, Koyur SPSR Nellore District. 1 The Authorized Officer ' ■ centre. Main Road Kovur 2, one CC to Sri C Subodh, Advocate 3, OneCCtoSriSreedharVa,iveti,Advocate OPUC 4, one CC to Sri B Vamsi Krishna, Advocate [OPUC] 5. Three CD Copies TF HIGH COURT DATED:28/04/2025 ORDER WP.No.12155 of 2024 S> * 1 << MAY 2025 a y ^ . Current Section . DISPOSING OF THE W.P., WITHOUT COSTS