Momin Mahaboob Liaquath Ali v. Karnataka Bank Ltd. and 5 Others
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THE STATI " "" : * i*lP":'ffi :,:',;^, " ^…
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HIGH COURT FOR THE STATI """ : * i*lP":'ffi :,:',;^," ^ "^
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PRESENT
THE HONOURABLE SRIJUSTICE UJJAL BHUYAN AND
Eetween:
THE HONOURABLE SMT JUSTICE P.SREE SUDHA PE TI TIO N NO: 2642 OF 20 22
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62 years,
AND
,..PETITIONER
Sil:]ffi?Hlrtl3 i;::[r:covery authoflzed officer. ,arahi s. Hyderabad. Represented by its
...RESPONDENTS
Petition Under Afiicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ in the nature of l,4andamus, declaring the action of the Respondents in taking physicalpossession of the SA Schedule and also oppose lo Article 14 of Constitution of lndia and consequently topass order to restraining the Respondents in taking physical possession of the SA Scheduleproperty and directing the Respondent No.6 not alienate theproperty andnot locreateany encumbranceover the same during thependency oithe SA No 186/2021 beforethe Honourable DRT-2 Hyderabad.
lA NO: 1 OF 2022
Petition Under Section15'1CPC praying that in thecircumstancesstated in the affidavit filedin supportof the petition, theHigh Court may be pleased to pa-ss order to restraining theRespondentsin takingphysicalpossessionof theSA Scheduleproperty inddirecting the Respondent NoO not alienate the property and not to create anyencumbranceover thesame duringthe pendency of the SANo 186t2021 before theHonourable DRT-2 Hyderabadt till the disposal of the present writpetition.
Counsel forthe Petitioner : SRI'G.K.DESHPANDE Counsel forthe RespondentNos.1 to 3 : SRI,M'V'S'PRASAD Counsel forthe RespondentNos.4to 6 : NONE APPEARED The Court madethe followingORDER
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I
THEHON'BLE SRI JUSTICE UJJAL BHUYAN
AND
TIIEHON'BLESMT' JUSTICE P'SREE SUDHA Df TITl ON N o 2 642 o F2022 jjal BhuYan) ORDER:(Per the Hon'ble Sri JusticeU arnedcounselfor the HeardMr' G'K'DeshPande'le for learnedcounsel petitionerand Mr' MVS Prasad' respondentNos l to 3 rve had Passedthe YesterdaYi'e' on 02.O2.2022,
followingorder:
,Today, Mr. M.V.S.Prasad,learned counsel for .""porrd..rt"No'1,2and 3' has informedus that on the same subjectmatter, petitioner hasfiled a writ petition before theAndhraPradeshHigh Court'being W.P.No.1863ol2022, which is lixed on lO'02'2022'
If that bethe position, we may not be inclinedto entertainthe present writ petition' Mr. G K.Deshpande,learned counsel forthe petiLioner, lo obtaininsl ructions' List tomorrow i.e.,on 03.02.2022 as lhe first item"
Today, learned counselfor the petitioner submits that he was not iniormedaboutfiling of Writ Petition in Andhra Pradesh High Court.Therefore,he wouldlike to withdrawthe Writ Petition.
In view of thesubmissionmade,Writ Petitionis disrnissed on withdrawal.
?here shall be no order as to costs.
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2 Miscellaneous
closed applicali6r-,", if any, pending, shall star:d
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HIGHCOURT
DATED:03/0212022
ORDER
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21 [r"q ?i]2?
WP.No.2642of 2022
DISMISSINGTHEW.P AS WITHDRAWNWITHOUTCOSTS. @-\j ?\
Petitioner
Respondent Nos. 1 to 3
Respondent Nos. 4 to 6
Ujjal Bhuyan
P Sree Sudha
As recorded by the court registry
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