1 APHC010019912026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 2945 OF 2026 Between: 1. CHEEKATI URMILA, W/o Sri Cheekati Sridhar Aged about 28 years Occ Household R/o Door No. 15-12-50, Boyi Veedhi, Bheemunipatnam, Visakhapatnam District ...Petitioner AND 1. AXIS FINANCE LIMITED, Rep. by its Authorised Officer Having its Registered Office at Axis House Ground Floor, Pandurang Budhkar Marg Worli, Mumbai - 400025. 2. The Authorised Officer, Axis Finance Limited, Visakhapatnam. 530016 3. The Reserve Bank Of India, rep. by its Regional Director, Andhra Pradesh and Telangana, 6-1-63, Secretariat Road, Saifabad, Hyderabad - 500 004. 4. Sri Ajaz Khan, S/o Mohd Ameen Khan R/o Flat No. 311, E-Block, Palace Heights Shivaji Nagar, Near NH-16 Toll Gate Kurmannapalem, Visakhapatnam 530046 5. Smt Yasmeen Khan, W/o Sri Ajaz Khan R/o Flat No. 311, E-Block, Palace Heights Shivaji Nagar, Near NH-16 Toll Gate Kurmannapalem, Visakhapatnam 530046 2 6. Smt Cheekati Sarojini, W/o late Gurumurthy R/o D. No. 4-43-11, 11 A, Srihari Nilayam Opposite Venkateswar Swamy Temple Kotha Pet Road, Visakhapatnam-17 530001 7. Sri Cheekati Ramesh, S/o late Gurumurthy R/o D. No. 4-43-11, 11 A, Srihari Nilayam Opposite Venkateswar Swamy Temple Kotha Pet Road, Visakhapatnam-17 530001 ...Respondents 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 topleased Issue a writ, order or direction in the nature of Writ of Mandamus declaring the action of the respondents in issuing consequential possession notice dated 14-11 -2025 for the property all that piece and parcel of Residential House constructed upon site admeasuring 192 sq yds or 160.54 sq mtrs together with RCC House Building having Ground Floor (1728 sq ft). First Floor (1728 sq ft). First Floor (1728 sq ft). Second Floor (1728 sq ft) bearing Door No. 15- 12-50, Asst 1089000800, 1089000801 with Electrical Service connections covered by Block no 12, T.S no 931, of Bheemunipatnam Village, within the limits of Greater Visakhapatnam Municipal Corporation and Bheemunipatna Registration Sub District and total property bounded by East House belongs to Teddu Ammora Sons West Municipal Road North Municipal Road South Site belongs to Benthu Gurgamma and others Measurements East to West - 45 ft or 13.725 meters North to South - 38.4 ft or 11.712 meters as illegal, arbitrary and without jurisdiction in view of the pending title dispute in O.S. No. 82/2023 and quash the same, consequentially to suspend all further enforcement proceedings under the SARFAESI Act in possession notice dated 14-11-2025 in respect of the scheduled property pending final disposal of O.S. No. 82/2023 on the file of the IV Additional District and Sessions Judge, Visakhapatnam and to pass IA NO: 1 OF 2026 3 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 pleased to grant stay of all further enforcement proceedings under the SARFAESI Act in possession notice dated 14-11-2025 in respect of the scheduled property pending final disposal of O.S. No. 82/2023 on the file of the IV Additional District and Sessions Judge, Visakhapatnam; pending disposal of the above writ petition and to pass IA NO: 2 OF 2026 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 may be pleased to implead respondent no. 8 Smt. G. Padma, Advocate Commissioner appointed in Crl.M.P.No.161 of 2026, as Respondent No.8 in the above Writ Petition, and pass IA NO: 3 OF 2026 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 may be pleased to stay execution of the warrant dated 27-07-2026 issued in Crl.M.P.No.161 of 2026 on the file of the learned Chief Judicial Magistrate, Visakhapatnam, and the consequent vacate notice dated 29-07-2026 issued thereunder, in respect of the schedule property, and pass Counsel for the Petitioner: PALLA BALU ANIL KUMAR Counsel for the Respondents: The Court made the following order: 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 2945 OF 2026 ORDER: (Per Hon’ble Sri Justice Battu Devanand) This Writ Petition is filed seeking to declare the action of ered by Block No.12, T.S.No.931, of Bheemunipatnam Village, within the limits of Greater Visakhapatnam Municipal Corporation and Bheethe respondents in issuing consequential possession notice, dated 14.11.2025 for the property all that piece and parcel of residential house constructed upon site admeasuring 192 sq.yds or 160.54 sq.mtrs together with RCC House Building having Ground Floor (1728 sq.ft), First Floor (1728 Sq.ft), Second Floor (1728 sq.ft) bearing Door No.15-12-50, Asst.Nos.1089000800, 1089000801, with Electrical Service connections covmumipatnam Registration Sub District, as illegal and arbitrary in view of the pending title dispute in O.S.No.82/2023 and consequently, prayed to set-aside the possession notice, dated 14.11.2025. 2. When the matter is taken up for hearing today, learned counsel for the petitioner would submit that the issue involved in this Writ Petition is settled out of the Court and as such, no further adjudication is required in this matter. 3. Placing the submission of the learned counsel for the petitioner, on record, the Writ Petition is dismissed as infructuous. 4. There shall be no order as to costs. 5 As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND _______________________________ JUSTICE TUHIN KUMAR GEDELA Dated: 28.09.2026 PKR 6 THE HONOURABLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA 137 WRIT PETITION NO: 2945 OF 2026 Dated: 28.09.2026 PKR