Varra Chandrakala, Nalgonda Dist v. Chief Manager, Andhra Bank, Nalgonda Dist And Another

HON'BLE SRI JUSTICE SANJAY KUMAR AND HON'BLE MS. JUSTICE J. UMA DEVI W.P NO. 37219 OF 2017 ORDER: (Per Hon'ble Sri Justice Sanjay Kumar) Challenge in this writ petition is to the Possession Notice dated 21.9.2017 published by the Andhra Bank in Namaste Telangana Telugu Daily Newspaper.

Having heard Sri B. Venkata Ramana, learned counsel for the petitioner, we are of the opinion that the issues sought to be raised by the petitioner are not amenable to resolution in a writ petition. According to the petitioner, she never created a security interest in her property in relation to the loan availed by M/s Sri Laxmi Srinivas Parboiled Rice Industries, of which her husband is the Managing Partner. The learned counsel would allege that the signature of the petitioner was forged by her husband in the mortgage document.

Smt. Y.V. Dyumani, learned counsel on caveat for the Andhra Bank, would inform this Court that the photograph affixed to the mortgage document in dispute tallies with the photograph in the mortgage document admitted by the petitioner in relation to another loan. She would further state that the thumb impression of the petitioner was also affixed in both the documents thereby negating her claim that her husband forged her signature on the mortgage document. These contentious disputed questions of fact would not be amenable to resolution in a writ petition. It is for the petitioner to approach the appropriate forum to seek redressal of her grievance in

relation to the issues raised. Leaving it open to the petitioner to do so, the writ petition is dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

___________________ SANJAY KUMAR, J Dt. 7.12.2017 KR _____________ J. UMA DEVI, J