Miss. Vasana Harini v. Canara Bank,
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE G.SHYAM PRASAD Writ Petition No.2787 of 2016 Date:17.9.2016 Between:
Vasana Harini, D/o Late V.Jaganmohan Rao and another.
..... Petitioner And:
Canara Bank, Hyderabad, reptd., by its General Manager and three others.
....Respondents Counsel for the petitioner: Mr. R.Siva Sai Swaroop Counsel for respondent Nos.1 to 3: Mrs. S.Sivakumari The Court made the following:
CVNR, J & GSP, J W.P.No.2787 of 2016 Dt:17.9.2016 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for the following substantive relief:
"....to issue a Writ of Mandamus or any other appropriate writ, declaring the action of respondents 1 to 3 in trying to recover the amount covered under decree passed in O.A. No.341/2002 through R.P No.116/2003 by way of proceedings through Recovery Officer, Debts Recovery Tribunal, Visakhapatnam without demarcating the originally mortgaged property to 2nd respondent an extent of 80 sq. yards out of total 127 sq. yards in Door No. 27-24-2A, Katragaddavari Street, Governorpet, Vijayawada, Krishna District, curtailing the right and share of the petitioners as illegal, arbitrary and against the principles of natural justice and also violation of rules and regulations of SARFAESI Act and consequently, to stay all further proceedings." Mr. R.Siva Sai Swaroop, learned counsel for the petitioners, addressed letter, dated 15.9.
2016, to the Registrar (Judicial), wherein he has stated that in pursuance of the OTS extended by the respondents, the petitioners have paid the entire due amount and that, therefore, the cause in the Writ Petition does not survive for adjudication and requested for posting the case "for withdrawal".
At the hearing, Mr.R.Siva Sai Swaroop, learned counsel for the petitioners, reiterated the contents of the said letter. In view of the same, the Writ Petition is dismissed as withdrawn.
CVNR, J & GSP, J W.P.No.2787 of 2016 Dt:17.9.2016 As a sequel to dismissal of the Writ Petition, WPMP.No.3485 of 2016 filed by the petitioners for interim relief is dismissed as infructuous.
____________________________ JUSTICE C.V.NAGARJUNA REDDY ______________________ JUSTICE G.SHYAM PRASAD 17th September 2016 DR