APHC010085822024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) j FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HON BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE o ■o: i .1. %'■ AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4567 OF 709^ Between: Devineni Mamatha, W/o. Ravi Kiran, Aged 46 years. R/o Musnuru Village and Mandal, Eluru (Erstwhile Krishna) District. ...PETITIONER AND 1. M/s Edelweiss Asset Reconstruction Company Limited. Its Authorized Officer Sri Rajendra Eeda, S/o Mohana Rao Office situated at Edelweiss House Mumbai -400098. Represented by Registered Office of CST Road, Kalina. 2. SBFC Finance Private Limited, (Erstwhile Small India Pvt. Ltd), Registered and Corporate Office 103 Square, Sangam Complex Andheri (East), Mumbai - 400059. 3. Karvy Financial Services Limited A Business Fin Credit 1®* Floor, CandB Andheri Kurla Road, Village Chakala company incorporated under the at D.No.39-10-7, Companies Act, 1956 and having its registered office Opposite Municipal Water Tank, Labbipeta. Vijayawada. 4. Subrahmanyam Chowdary Maganti, S/o. Seeta Ramanjaneyulu, Aged Opposite Panchayat Office, 44 years, R/o. D.No.2-57/1, Somavarappadu, Dendaluru Mandal, Eluru (Erstwhile West Godavari) District. 5. Maganti Koteswaramma. W/o. Seeta Ramanjaneyulu, Aged R/o. D.No.2-57/1 64 years Opposite Panchayat Office, Somavarappadu Dendaluru Mandal, Eluru (Erstwhile West Godavari) District. 6. Maganti Seeta Rainanjaneyulu, S/o Gopalam, Aged D.No.2-57/1, Opposite Panehayat Offiee, Somavarappadu, Dendaluru Mandal, Eluru (Erstwhile West Godavari) District. 70 years, R/o. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue an appropriate writ, order may be or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent in trying to take possession of the property of the petitioner i.e., RCC Building constructed in an extent of 120 Square Yards of House Site R.S.No.182 of Somavarappadu Village, Dendulur covered by Mandal, Eluru (Erstwhile West Godavari) District through an Advocate Commissioner appointed by the Hon'ble Chief Judicial Magistrate-cum- Crl.M.P.No.97/2024. i Principal Senior Civil Judge, Eluru in in respect of Loan Account No.PR00411780 obtained by the respondents 4 to 6 herein who gave the property i.e., RCC Building comprising of ground, first and second floors constructed i Square Yards situated in R.S.No.182 of Somavarappadu Village, Dendulur Mandal. Eluru (Erstwhile West Godavari) District Document No.6534 of 2006 dated 23/06/2006 ID an extent of 200 covered under Sale Deed towards security, on wrong identity' of the property, without hearing the petitioner, by affixing Notice by the Advocate Commissioner on the wail of the house of the petitioner with intimation that the wan-ant will be executed an on 22/02/2024, as illegal irregular, irrational and violation of the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 besides violation of Principles of Natural Justice and to consequently direct the respondents not to take possession of the properly of the petitioner as detailed above, in the interest of justice. \A NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings pursuant to the orders in Crl.M.P.No.97/2024, on the file of the Hon'ble Chief Judicial Magistrate-cum-Principal Senior Civil Judge, Eluru in respect of the immovable property of the petitioner i.e., RCC Building constructed in an extent of 120 Square Yards of House Site covered by R.S.No.182 of Somavarappadu Village, Dendulur Mandal, Eluru (Erstwhile West Godavari) District on wrong identity of the property which was given as security by the respondents 4 to 6 herein in relation to the Loan Account NO.PR00411780 dated 26/11/2015 of the 1^‘ respondent, during the pendency of this writ petition, in the interest of justice. Counsel for the Petitioner: SRI K JYOTHI PRASAD Counsel for the Respondent No.1: SRI P. BADRINATH Counsel for the Respondent Nos.2 to 6:-- The Court made the following order: Bench Sr.No:-1 [3483] APHC010085822024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 4567 of 2024 ...Petitioner Devineni Mamatha Vs. M/s. Edelweiss Asset Reconstruction Company Limited and others ...Respondents ********** Sri K. Jyothi Prasad Advocate for petitioner Sri P. Badrinath Advocate for respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE ; 22nd August 2025 PC: Learned counsel for the petitioner seeks to withdraw this Writ Petition. Accordingly, the Writ Petition is dismissed as withdrawn. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, One CC to Sri K. Jyothi Prasad, Advocate [OPUC] One CC to Sri P. Badrinath, Advocate [OPUC] Two CD Copies. 1. 2. 3. ssb HIGH COURT DATED:22/08/2025 ORDER WP No. 4567 OF 2024 Ci 15 SEP 2025 O m o Oiii iv . Current Section .'w DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS