IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 33512 of 1997 Between: 1 M. Prabhakara Reddy S/o M. Raja Reddy R/o HIG-2, Block-I, Flat-9, Baghlingampally, Hyderabad 2 M. Sanjeeva Reddy S/o M. Raja Reddy R/o HIG-2, Block-I, Flat-9, Baghlingampally, Hyderabad ..... PETITIONER(S) AND 1 Debt Recovery Tribunal, Andhra Pradesh & Karnataka rep. by Registrar Krishi Bhavan, Hudson Circle, Bangalore-02 2 Andhra Bank rep. by Branch Manager Hyderbasti Branch, Secunderabad .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, direction or order more particularly in the nature of Writ of Prohibition restraining the 1st Respondent from conducting further enquiry in O.A.No.747 of 1997 dt: 24-11-1997 filed against the preliminary decree passed in O.S.No.379/1994 dt: 5-12-1996 on the file of the 1st Addl. Subordinate Judge, Ranga Reddy Dist., on the ground of inherent lack of jurisdiction and no fresh cause of action and pass such futher or other order or orders as this Hon'ble Court may deem fit. Counsel for the Petitioner: Counsel for the Respondent No.: MR.S.P.SARVESWARA MURTHY The Court made the following : Form-NIC-OGS/WP{PRASAD} IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 33522 of 1997 Between: 1 M. Sanjiva Reddy S/o M. Raja Reddy R/o HIG-2, Block-1, Flat No.9, Baghlingampally, Hyderabad 2 M. Prabhakara Reddy S/o M. Raja Reddy R/o HIG-2, Block-1, Flat No.9, Baghlingampally, Hyderabad ..... PETITIONER(S) AND 1 Debt Recovery Tribunal, Andhra Pradesh & Karnataka rep. by Registrar Krishi Bhavan, Hudson Circle, Bagalore-02 2 Andhra Bank rep. by Branch Manager Hyderbasti Branch, Secunderabad .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, direction or order more particularly in the nature of Writ of Prohibition restraining the 1st Respondent from conducting further enquiry in O.A.No.1115 of 1997 dt: 24-11-1997 filed against the preliminary decree passed in O.S.No.377/1994 dt: 5-12-1996 on the file of the 1st Additional Subordinate Judge, Ranga Reddy District on the ground of inherent lack of jurisdiction and no fresh cause of action and pass such futher or other order or orders as this Hon'ble Court may deem fit. Counsel for the Petitioner: Counsel for the Respondent No.: MR.S.P.SARVESWARA MURTHY The Court made the following : Form-NIC-OGS/WP{PRASAD} HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NOs.33512 & 33522 of 1997 COMMON ORDER: (Per Hon’ble Sri Justice V.Eswaraiah) Smt. V. Dyumani, learned counsel, made a representation on behalf of the 2nd respondent-bank as well as Sri S.P.Sarveswara Murthy, learned counsel for the 2nd respondent, that these two writ petitions have been filed challenging the transfer of decree from Civil Court to the Debt Recovery Tribunal and it is stated that the debt amount has been settled among the parties and therefore, no cause of action survives in both the writ petitions. It is further stated that in fact, the bank has withdrawn the suits, which are sought to be transferred to the Tribunal, as the dispute was settled out of Court and she has also filed a letter dated 26-12-2008, to that effect. Recording the said statement, these two writ petitions are dismissed as no further orders are necessary. No costs. _________________________ JUSTICE V.ESWARAIAH _____________________________ JUSTICE VILAS V. AFZULPURKAR 26th February, 2009 Kvr