Nimmala Venkata Ramana vs The State Of Andhra Pradesh
2024 Latest Caselaw 10366 AP

Andhra Pradesh High Court - Amravati

Nimmala Venkata Ramana vs The State Of Andhra Pradesh on 15 November, 2024

APHC010509822024                                                   Bench Sr.No:-7
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                                                       [3483]
                                AT AMARAVATI

                       WRIT PETITION NO: 26204 of 2024

Nimmala Venkata Ramana and others                                   ...Petitioners

      Vs.

State of Andhra Pradesh and others                               ...Respondents


                                    **********

Advocate for Petitioners:                ANANTH S

Advocate for Respondents:                GP FOR COOPERATION - R.1 to R.3

CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI

DATE : 15th November, 2024

PC:

The issue that has been highlighted in the present petition is that the action initiated by the respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act'] was without jurisdiction inasmuch as the property which was mortgaged with the Bank for securing the loan by the principal borrower/guarantor was not exclusively owned by them.

It is stated that the petitioners herein had already established that they had a right in the said property which was a co-parcenery property.

It is stated that the petitioners' entitlement to a share in the property, which is a residential house, had already been declared by virtue of the judgment and decree, dated 30.10.2015 passed in OS.No.966 of 2009. It is also stated that an appeal preferred against the said judgment and decree bearing A.S.No.7 of 2016 has since been dismissed by virtue of judgment and order dated 13.11.2024.

Notice be issued for service upon the respondents.

Learned Government Pleader for Cooperation waives service on behalf of respondent Nos.1 to 3.

Service of personal notice on respondent Nos.4 to 10 is permitted.

List on 10.01.2025.

In the meantime, status quo be maintained with regard to the property in question.

DHIRAJ SINGH THAKUR, CJ

RAVI CHEEMALAPATI, J

Note: Issue CC today.

(B/o) Vjl