Andhra Pradesh High Court - Amravati
Sri Deenabhandu Yandamuri, vs Iifl Home Finance, on 3 October, 2025
APHC010531182025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [0]
(Special Original Jurisdiction)
FRIDAY,THE THIRD DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO: 27155/2025
Between:
1. SRI DEENABHANDU YANDAMURI,, S/O. BHOOLOKA
RAO, AGED 48 YEARS, R/O DOOR NO.36-92-299,
JAIBHARATHA NAGAR, KANCHARAPALEM HIGHWAY
ROAD VISAKHAPATNAM-530008.
...PETITIONER
AND
1. IIFL HOME FINANCE, REPRESENTED BY ITS
AUTHORIZED OFFICER, REGISTERED OFFICE AT 12,
A-10, 13TH FLOOR, PARINEE CRESCENE, C-38 AND C-
39, BEHIND MCA, BANDARULANKA COMPLEX,
BANDRA EAST, MUMBAI, MAHARASTRA.
2. THE DEBT RECOVERY TRIBUNAL, REP. BY ITS
REGISTRAR, D.NO- 31-32-54, CHITRALAYA ROAD,
NEAR LEELA MAHAL ROAD, DABA GARDENS
VISAKHAPATNAM, ANDHRA PRADESH
...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 topleased to issue an appropriate
Writ, Order or direction, more particularly one in the nature of
Writ of Mandamus or any other writ by declaring the inaction of
the 2ndrespondent in deciding the I.A. No. 3737 of 2025 in SA
No. 570 of 2025 and the action of the 1st respondent / bank in
making attempts to take physical possession of the mortgaged
properties through the advocate commissioner pending the
proceedings before 2nd respondent as Wholly illegal, arbitrary,
unjust, untenable, contrary of Principles of Natural Justice,
provisions of the Securitization and Reconstruction of Financial
Assets and Enforcement of Securities Interest Act, 2002 and
rules framed there under besides being violative of Article 14, 21
and 300-A of Constitution of India and consequently direct the 1st
respondent to not to take any further coercive steps to take
possession of the mortgaged properties of the petitioner till the
I.A. No. 3737 of 2025 in SA No. 570 of 2025 before the Honble
Debt Recovery Tribunal, Visakhapatnam is decided and pass
IA NO: 1 OF 2025
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 direct the 1st
respondent to not to take any coercive steps including taking
physical possession of the subject property pursuant to notice
dated 23.09.2025, till the I.A. No. 3737 of 2025 in SA No. 570 of
2025 before the 2nd respondent is decided and/or pass
Counsel for the Petitioner:
1. M VENKATA SAI NIKHIL KASHYAP
Counsel for the Respondent(S):
1.
The Court made the following:
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION NO: 27155/2025
ORDER:(per Honourable Sri Justice T.C.D.Sekhar) The 2nd respondent in the present writ petition filed Crl.M.P.No.209 of 2025 on the file of Chief Metropolitan Magistrate, Visakhapatnam seeking to appoint Advocate Commissioner for the purpose of delivery of physical possession of the schedule property. Pursuant thereto, the trial Court passed order appointing Advocate Commissioner and thereafter on 23.09.2025, the Advocate Commissioner issued notice either to clear the debt or vacate the premises within 12 days. Aggrieved by the same, the Writ Petitioner preferred S.A.No.570 of 2025 before the Debts Recovery Tribunal, Visakhapatnam. Along with the same, he preferred interlocutory application vide I.A.No.3737 of 2025 seeking to stay all further proceedings pursuant to notice dated 23.09.2025 issued by the Advocate Commissioner.
2. The Tribunal by order dated 29.09.2025 directed the learned Registrar to send notice through registered post to the respondent Financial Institution while posting the application to 08.10.2025. The respondents are trying to dispossess the petitioner as the time stipulated in the notice dated 23.09.2025 is expiring by 05.10.2025 and since the Debt Recovery Tribunal posted the matter to 08.10.2025, apprehending that the possession of the subject property would be taken away by the respondents, the present writ petition is filed.
3. Learned counsel for the petitioner relied on order passed by the Coordinate Bench of this Court in W.P.No.7095 of 2025, where under this Court directed the parties therein to maintain status quo with regard to possession of the property.
4. Having regard to the submissions made by the learned counsel for the petitioner and following the order passed by this Court in W.P.No.7095 of 2025, the present Writ Petition is disposed of directing the respondents not to dispossess the petitioner from residential Flat bearing D.No.36-92-332/5 admeasuring an extent of 800 stf pursuant to notice dated 23.09.2025 issued by the Advocate Commissioner in Crl.M.P.No.209 of 2025 on the file of Chief Metropolitan Magistrate, Visakhapatnam, till appropriate orders are passed in I.A.No.3737 of 2025 in S.A.No.570 of 2025.
5. Accordingly, the Writ Petition is disposed of. No costs.
As a sequel, pending applications, if any, shall stand closed.
_____________________ JUSTICE T.C.D.SEKHAR ____________________________ JUSTICE CHALLA GUNARANJAN Dt.03.10.2025 Note: Issue CC by today.
B/o JLV THE HON'BLE SRI JUSTICE T.C.D.SEKHAR THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN W.P.No.27155 of 2025 Date: 03.10.2025 JLV