The G.M., A.P.S.F.C., Hyd. Ano vs Sri. Venkateswara Rice Mill, ...
2022 Latest Caselaw 1775 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                     AND
       THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



          WRIT APPEAL Nos.612 and 1453 of 2009

COMMON JUDGMENT:          (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


       The present writ appeals are arising out of an order dated

02.12.2008      passed     by      the      learned        Single       Judge         in

W.P.No.20487 of 2001.               The writ petition was filed by

Sri      Venkateshwara           Rice          Mill,        represented               by

Sri K.Narender Reddy, against the action of the Andhra Pradesh

State Financial Corporation (APSFC) in auctioning the property

in question on account of non-payment of dues.                             The writ

petition has been allowed and the auction was set aside. In the

writ    petition,   Sri   A.Venkateshwara              Reddy        was      also      a

respondent. W.A.No.612 of 2009 is filed by Sri A.Venkateshwara

Reddy and W.A.No.1453 of 2009 is filed by the APSFC.

Learned counsel appearing for the appellant in

W.A.No.612 of 2009 has informed this Court that pursuant to

the order passed by this Court, the appellant has cleared all the

dues of APSFC, a sale deed has been executed in his favour in

the year 2007 and he is running the mill. Learned counsel has

also informed this Court that Sri K.Narender Reddy has filed a

civil suit claiming damages. However, the said suit was

dismissed for default.

The only prayer made before this Court is that in case of

civil litigation, the order passed by this Court should not come

in the way of the parties, meaning thereby, any inter se disputes

between the parties.

Resultantly, without averting to the merits of the case, as

a sale deed has already been executed in the matter, no further

orders are required to be passed in the present writ appeals and

the order passed by the learned Single Judge will not come in

the way of the parties in the case of inter se disputes between

the parties.

The writ appeals are accordingly disposed of.

The miscellaneous applications pending, if any, shall

stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J 07.04.2022 vs