K Khaleem Basha Vs Sree Mahayogi Lakshmamma Co-Operative Bank Limited

SREE MAHAYOGI LAKSHMAMMA COOPERATIVE BANK LIMITED, Rep. by its Authorized officer, XIII/172, 173, Flower Bazar, Adoni - 518 301. Kurnool District, Andhra Pradesh

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...RESPONDENT

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Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to set aside the order dt.05.02.2026 passed in LA. No. 364 of 2026 in S.A. No. 425 of 2025 on the file of the Debts Recovery Tribunal-II, Hyderabad, insofar as it imposes the condition directing the petitioner to deposit a sum of Rs.45,00,000/- in three equal installments declare as illegal and arbitrary the e-auction dated 05.02.2026 conducted by the respondent Bank in respect of the residential buses bearing Nos.11/55-2 and 11/55-3, JhamkhanWadi Stateet, Adoni brough to sale at a undervalued reserve price of Rs.33,00,000/- for both houses despite the official market value as per the valuation issued by the stamps and registration department, Addoni being Rs.30,60,045/- for each house, aggregating to Rs.61,20,090/- for both

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houses, therey causing grave prejudice and substantial loss to the petitioner and pass

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IA NO: 1 OF 2026

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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 dispense with the certified copy of I.A.NO.364 /2026 IN S.A.NO.425/2025 on the file of Hon'ble Debt Recovery Tribunal II Hyderabad and pass

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IA NO: 2 OF 2026

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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 stay all further proceedings pursuant to the e-auction dated 05.02.2026 including confirmation of sale and issuance of sale certificate in respect of residential houses bearing Nos.11/55-2 and 11/55-3, Jhamkhanwadi Street,Adoni pending disposal S.A. No. 425 of 2025 and to suspend the operation of the order dated 05.02.2026 in I.A.No.364/2026 in so far as it directs the applicant to deposit Rs.45,00,000/- in three equal instalments and pass

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Counsel for the Petitioner:

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1.MD SHARFUDDIN

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Counsel for the Respondent:

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The Court made the following:

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ORDER:- (Per Hon’ble Sri Justice Cheekati Manavendranath Roy)

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Heard learned counsel for the petitioner.

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By the impugned order, the Debts Recovery Tribunal-II, Hyderabad (for short “the Tribunal”), has directed the respondent-bank not to register the sale certificate subject to the condition of the petitioner, who is the principal borrower depositing a sum of Rs.45,00,000/- in three equal installments and ordered that failing which, the interim direction shall stand vacated. The petitioner could not deposit the said sum of Rs.45,00,000/- within time. Therefore, he has approached this Court.

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As per the order passed by the Tribunal, the stay stands vacated by default if the petitioner fails to comply with the condition. Therefore, we are not inclined to interfere with the impugned order. If at all, the petitioner seeks for extension of time, he has to approach the Tribunal, as it is entirely within the discretion of the Tribunal to extend the time or not.

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