Andhra Pradesh High Court - Amravati
Sri Nagulakonda Venkata Srinivas, vs M/S Fullerton India Finance Home ... on 13 August, 2020
Author: J. Uma Devi
Bench: J. Uma Devi
[3250] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE THIRTEENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE A.V.SESHA SAI AND THE HONOURABLE MS. JUSTICE J. UMA DEVI WRIT PETITION NO: 12662 OF 2020. Between: Sri Nagulakonda Venkata Srinivas, S/o. Venkata Krishna Arjun, aged about 53 years, R/o. 2-1-2, Vyshanava Street, Vizianagaram. Petitioner/s AND 4. Mls Fullerton India Finance Home Company Ltd, Rep. by its Authorized Officer, R/o 47-11-5, 1° Floor, Mohan's Arcade, 18 Lane, Dwarakanagar, Visakhapatnam. 2. Pentapati Raj Kumar, S/o. K. Surya Rao, R/o. 8-1-190, Peddaveedhi, MG Road, Vizianagaram Respondent/s 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 SAFAESI 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 'st 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 upon hearing the arguments of SRI VENKATESWARA RAO GUDAPATI Advocate for the Petitioner, and the Court made the following. ORDER:
"It is submitted by the learned counsel for the petitioner that notice was served on 1° respondent and proof of service is also filed. Office to verify the same.
The learned counsel also submits that 2" respondent passed away and he would take steps to bring Legal Representatives of 2" respondent on record.
Post on 10.9.2020.
Interim order granted earlier is extended for a period of six weeks". SD/-K. JAGAN MOHAN _ DEPUTY REGISTRAR ITTRUE COPY// Bae a SECTION OPFICER
1. The Authorized Officer, M/s Fullerton India Finance Home Company Ltd, R/o 47-11-5, 1% Floor, Mohan's Arcade, 1° Lane, Dwarakanagar, Visakhapatnam.
One CC to SRI VENKATESWARA RAO GUDAPATI Advocate [OPUC] Two spare copies To, ON HIGH COURT AVSSJ JUDJ DATED:13/08/2020 ORDER NOTE: POST ON 10-09-2020 WP.No.12662 of 2020 EXTENSION OF INTERIM ORDER