Sri. Billa Prabhakar Rao S/O Billa Mallaiah v. The State Bank Of Hyderabad

HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO REVIEW W.P.M.P.NO.18793 OF 2016 IN WRIT PETITION NO.10647 OF 2016 AND WRIT PETITION NO.10647 OF 2016 C O M M O N O R D E R (per Hon'ble Sri Justice Sanjay Kumar) The State Bank of Hyderabad, the respondent in W.P.No.10647 of 2016, filed this petition under Order 47 Rule 1 CPC seeking review of the order dated 30.03.2016 passed by this Court in W.P.No.10647 of 2016.

By the said order, this Court disposed of the writ petition permitting the writ petitioner to make payments of the amounts due within the time stipulated and directed the bank not to issue a sale certificate or register the same till 16.05.2016. However, the bank placed on record material in support of its contention that as on the date of passing of the aforestated order, the sale certificate was already issued and registered between 4.00 PM and 5.00 PM on that day.

In that view of the matter, the directions of this Court were rendered wholly ineffective and therefore, the order under review cannot be sustained. The review petition is accordingly granted and the matter is taken up for rehearing.

In the light of the fact that the bank had completed all the necessary formalities by 30.03.2016 and had also registered the sale certificate between 4.00 and 5.00 PM on that day, the prayer of the writ petitioner to allow him to clear the bank's dues so as to redeem his properties cannot be accepted.

The writ petition is therefore devoid of merit and is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

______________________ SANJAY KUMAR, J _______________________________ DR. B.SIVA SANKARA RAO, J 27th OCTOBER, 2017 Svv