Writ petitions by principal borrower and guarantors challenging a property auction order were disposed of by granting time to assail the sale before an appropriate legal forum.
Petitioners granted one month to assail the sale transaction before an appropriate forum.
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THE HON’BLE SRI JUSTICE A.V.SESHA SAI
AND THE HON’BLE SRI JUSTICE M.GANGA RAO
WRIT PETITION Nos.23837, 24236 & 47818 of 2018
COMMON ORDER: ( Per Hon’ble Sri Justice A.V.Sesha Sai )
These three Writ Petitions are filed by the principal borrower and guarantors, questioning the auction, dated 14.06.2018, conducted by the second respondent.
Since the sum and substance of the grievance of the petitioners, in these three cases is the same, this Court deems it appropriate to dispose of these three matters by way of this common order.
During the course of hearing, it is submitted by the learned counsel for the petitioners that, subsequently, the said auction of sale, in terms of the auction notice, was confirmed on 06.08.2018 and a request is made by the learned counsel to permit the petitioners to assail the said sale transaction and confirmation before an appropriate forum of law.
Since the petitioners herein have been prosecuting these Writ Petitions for quite some time before this Court, this Court deems it appropriate to grant some time to the petitioners herein to avail the said remedy before the appropriate forum of law.
Having regard to the submissions made by the learned counsel on either side, these three Writ Petitions are disposed
AVSS,J & MGR,J W.P.No.10410 of 2019
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of, leaving it open for the petitioners herein to assail the sale transaction before an appropriate forum of law within a period of one month from the date of receipt of a copy of this order. There shall be no order as to costs.
Consequently, miscellaneous applications pending if any, shall stand closed.
__________________ A.V.SESHA SAI, J
__________________ M.GANGA RAO, J
06th November, 2019 Tsy
Principal Borrower and Guarantors
Second Respondent
A.V.SESHA SAI
M.GANGA RAO
As recorded by the court registry
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