Disposed

K.Dhananjaya Naidu v. Union of India, Rep. by its Secretary

Telangana HC25 Jun 2015WP/18854/2015

Case brief

AI extract

What is this about?

In a petition under Section 151 CPC, the High Court directed the respondent bank not to confirm the auction sale of two properties claimed by the petitioners pending the hearing of the writ petition, while clarifying that the stay does not apply to property purchased by an impleaded respondent.

What did the court decide?

Respondent Bank directed not to confirm sale of two items of property claimed by petitioners. Stay order excludes property purchased by impleaded respondent No. 3.

K.Dhananjaya Naidu Vs Union of India, Rep. by its… — Landlord and Tenant | Telangana HC (2015)

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HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY , THE THIRTIETH DAY OF JUNE TWO THOUSAND AND FIFTEEN

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:PRESENT:

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THE HON'BLE SRI JUSTICE R.SUBHASH REDDY AND

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THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA

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WPMP.NO:18854 of 2015 IN

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WP.NO:14438 of 2015

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Between:

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1 Kallam Masthanamma, W/o Brahma Reddy,

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2 Kallam Peri Reddy, S/o Brahma Reddy,

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...Petitioners (Petitioner in WP 14438 of 2015 on the file of High Court)

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AND

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1 State Bank of India, Rep. by its Authorized Officer, Treasury Branch, Brodipet, Guntur.

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2 Smt. Maddi Rajya Lakshmi, W/o K. Dayananda Prakasah, 21-89,

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Brahmin

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Street, Old Town, Anantapur - 515 005.

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3 Addagalla Rama Rao, S/o. A. Radha Krishna Murthy,

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Flat No. 401, Yaganti Perfect, Near Jain Public School, Sangadigunta, Guntur - 522 003.

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4 Waseem Khan, S/o Nayeem-Ur-Rahman Khan, 19-5-3, Sangadigunta, Guntur - 522 003.

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(R2 to 4 are impleaded as per Court Order dated 30-06-2015 in WPMP. No. 22164 of 2015.)

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...Respondents (Respondents in-do-)

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Counsel for the Petitioner: SRI Y. V. ANIL KUMAR Counsel for the Respondent No.1: SRI B. S. PRASAD

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Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased to stay all further proceedings, including confirmation of sale, pursuant to the auction notice issued by the respondent on 23-03-2015, which was published on 24-03-2015 in Eenadu daily, Guntur edition pending disposal of above writ petition pending WP No. 14438 of 2015 on the file of the High Court.

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The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case).

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ORDER

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.. Learned counsel for the respondent-Bank and the auction purchasers seek time to file counter.

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Post after one week for filing counter.

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Pending further orders, the respondent Bank is directed not to confirm sale in favour of the auction purchasers with regard to two items of property claimed by the petitioners in the writ petition. However, it is made clear that this order will not operate so far as the property purchased by impleaded respondent No.3-auction purchaser.

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ASSISTANT REGISTRAR

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//TRUE COPY//

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For ASSISTANT REGISTRAR

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1 The Authorized Officer, State Bank of India, Treasury Branch, Brodipet, Guntur.

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2 Smt. Maddi Rajya Lakshmi, W/o K. Dayananda Prakasah, 21-89, Brahmin

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Street, Old Town, Anantapur - 515 005.

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3 Addagalla Rama Rao, S/o. A. Radha Krishna Murthy,

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Flat No. 401, Yaganti Perfect, Near Jain Public School, Sangadigunta, Guntur - 522 003.

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4 Waseem Khan, S/o Nayeem-Ur-Rahman Khan, 19-5-3, Sangadigunta, Guntur - 522 003. (1 to 4 by RPAD) 5. One CC to Sri Y.V. Anil Kumar, Advocate (OPUC)

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6. One spare copy.

Tvr

HIGH COURT

RSRJ & ASNJ

ORDER

DATED: 30-06-2015

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WPMP NO.18854 OF 2015 IN

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WP NO.14438 OF 2015

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POST AFTER ONE WEEK

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DRAFTED: TVR DATED: 06-07-2015

HIGH COURT

RSRJ & ASNJ

ORDER

DATED: 30-06-2015

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WPMP NO.18854 OF 2015 IN WP NO.14438 OF 2015

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POST AFTER ONE WEEK

K.Dhananjaya Naidu v. Union of India, Rep. by its Secretary

Case brief

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K.Dhananjaya Naidu v. Union of India, Rep. by its Secretary

Case brief

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