High Court dismissed a writ petition challenging a bank's inaction on a one-time settlement as infructuous, holding the cause of action did not survive for adjudication. Pending miscellaneous petitions stood closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENW THREE
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRITPETMON NO:22086 OF 2013
Between:
Poosa Rajamani, Wo. B^alaiah, Aged about 71 years, Household, R:/o D. No 181/1 , Bollarum, Alwal, Secunderibad
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the constitution of lndia praying that in ttte circumstanfes stated .in the affidavit filed therewith, the High'court may be pleased to issue a writ, orders or directions, preferably in the nature of wiit of Mandamus, declaring that the acts, deeds and things of the respondents.r and 2 in not makipg any communication for onetime setlement of the house bearing no. 3-3-21{, Situated at Qutbiguda, Kacheguda, Hyderabad, admeasuring 229 square yards which is under security for the repayrnent of the loan faJilities obtained by the third respondent and not taking any follow-up action in spite of receiving an amount of Rs.8 lakhs on 10-06-2013 and the representation for onetime settlement which was acknowledged on 11-06-2013 and not receiving the value of the above house even though the petitioner is prepared to pay the Jntire market value of the above house property for discharging from all lia-bilities and not to release the same in favor of the petitioner are illegal, arbitrary, mala fide, abusive of their official position and much against to the legal and iundamental rights guaranteed under the constitution of lndia and coniequently direct the respondents 1 and 2 to receive the entire market value of the house (deducting Rs. 8 lakhs which is already paid on 10-06-2013) bearing no.3-3-214, situated at Qutbiguda, Kacheguda, Hyderabad, admeasuring 229 square yards towards full
and final settlement and to release the same from all liabilities by returning the original sale deed to the petitioner and pass such other order or order" ,"" thi. Honble court deems fit and proper in the circumstances of the case and in the interest of justice, equity and good conscience otherwise the petitioner stratt oe put to grave hardship a nd injury.
l.A. NO: 1 oF 2013(WPMP. NO: 27056 OF 2013)
Petition under Section isi cpc praying that in the circumstances stated in the affidavit filed in support of the petition, itre uigh court may oe preiieo to q,l99l tl," respondents (deducting Rs. B rakhs which is arready paid'on 10-062013) l and 2 to receive the entire market varue of the house bearing no. 3-3214, situated at Qutbirluda, Kacheguda, Hyderabad, admeasuring 2i9 square yards towards full and {inal setflement and to release the same froir all liabilities by returning the original Sale Deed to the petitioner in the interest or;rifi"., equity and good conscience, pending disposal of the main writ petition
Counsel for the Petitioner: SRI PALIVELA SATYARAJA BABU
counsel for the Respondent No.1 & 2: sRr AMBADTPUDT SATYANARAYANA, SC FOR SBI
Gounsel for the Respondent No.3: - - - - -
The Court made the following: ORDER
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
R TP o 2 t 1
ORDER:
It is represented by the learned counsel for petitioner that the cause of action in the writ petition does not survive for adjudication and hence, the writ petition could be dismissed as inft-uctuous.
Recording the above submission, the writ petition is dismissed as infructuous. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
SO/.V.KAVITHA ASSTSTA[r REGTSTRAR //TRUE COPYII ss#ron oFFrcER To, 1 . One CC to SRt pALtVE 32. Two One CD CC Copiesto SRt AMBAD* tpuDt SATANARAYAi{A, 5_4T1aRAJA BABU, Adrocate tOpUClAordidtu toFLct BN GJP
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HIGH COURT
DATED:1410812023
ORDER
WP.No.22086 of 2013
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DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
"9, La.-4\p
Poosa Rajamani
State Bank Of India
Chief General Manager, Grievance Redressal Committee, State Bank of India
M/s Il&FS Traders Private Limited
SUREPALLI NANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
