Andhra Pradesh High Court - Amravati
Sri Nagulakonda Venkata Srinivas, vs M/S Fullerton India Finance Home ... on 4 November, 2020
Bench: C.Praveen Kumar, B Krishna Mohan
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI.
WEDNESDAY,THE FOURTH DAY OF NOVEMBER,
TWO THOUSAND AND TWENTY ye
:PRESENT:
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 12662 OF 2020 a
Between:
Sri Nagulakonda Venkata Srinivas, S/o. Venkata Krishna Arjun, aged about 53
years, R/o. 2-1-2, Vyshanava Street, Vizianagaram.
Petitioner
AND
1. M/s Fullerton India Finance Home Company Ltd, Rep. by its Authorized
Officer, R/o 47-11-5, 1" Floor, Mohan's Arcade, 4st Lane, Dwarakanagar,
Visakhapatnam.
2. Pentapati Raj Kumar, S/o. K. Surya Rao, R/o. 8-1-190, Peddaveedhi, MG
Road, Vizianagaram
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 to issue an order or direction or writ more particularly one in the nature of
Writ of Mandamus to declaring the proceedings vide Ref. No. FIHFC/2566362,
dated 17-6-2020, of the 1st respondent in issuing possession notice under Rule
8(1) under SAFAES! Act and not redeeming the mortgage of the 2nd respondent
in pursuance of the orders passed in E.P. No. 247 of 2019 in OS No. 76 of 2018
and not releasing the property documents of the 2nd respondent in favour of the
petitioner in spite of the discharge of the entire mortgage amount towards the
property bearing D.No. 8-1-190 admeasuring an extent of 141.77 Sq.Yds. in T.S.
No. 643 situated in Santhapeta South ward, Rangala veedi, Vizianagaram
Municipality as arbitrary illegal, null and void and violative of Article 300-A of the
Constitution of India
IANO: 1 OF 2020 : 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 not to dispossess the petitioner from the property bearing
D.No.8-1-190 admeasuring an extent of 141.77 Sq. Yds. in T.S. No. 643 situated
in Santhapeta South ward, Rangala veedi, Vizianagaram Municipality in
pursuance of ist respondent's proceedings Ref. No. FIHFC/2566362, dated 17-
6-2020, notice issued under Rule 8(1) of SARFAESI Act, pending disposal of WP
12662 of 2020, on the file of the High Court. "
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the order of the High Court dated 29-07-2020
13-08-2020 & 13-10-2020 made herein and upon hearing the arguments of Sri
Venkateswara Rao Gudapati Advocate for the Petitioner, and the Court made the
following.
ZY
ORDER:
Learned counsel for respondent No.1 seeks time to file counter and also get instructions from his counsel as to possibility of settlement. Post on 18-11-2020. Interim order granted earlier is extended till then. ' 4 as ER SD/- K.VENKAI ASSISTANT REGISTRAR TRUE COPY// v FOR ASSISTANT REGISTRAR To,
1. One CC to Sri Venkateswara Rao Gudapati, Advocate [OPUC]
2. Two spare copies Skm HIGH COURT CPK,J & BKM,J DATED: 4-11-2020 NOTE: POST ON 18-11-2020 ORDER WP.No.12662 of 2020 EXTENSION OF INTERIM ORDER 47 NOV a4