IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 534 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 08/04/2009 in WP NO : 28068 OF 2008 on the file of the High Court.) Between: Smt.Adusumilli Dhanalakshmi W/o.Malleswara RAo R/o.10-3-24/2,Park Street,Sattenapalli, Guntur District ..... APPELLANT AND 1 Andhra Bank, Koritepadu Branch,Guntur District rep.by its Authorised officer 2 Debts Recovery Tribunal, Dwarakanagar, Visakhapatnam rep.by its Registrar ( R2 Formal party Not necessary party) .....RESPONDENTS Counsel for the Appellant:MR.E.V.BHAGIRATHA RAO Counsel for the Respondent No.1: DR.K.LAKSHMI NARASIMHA (SC FOR ANDHRA BANK) The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 534 of 2009 Oral Judgment : (per Smt. Justice T. Meena Kumari) This writ appeal is directed against the order dated 8.4.2009 of the learned single judge made in W.V.M.P. No.119 of 2009 in Writ Petition No. 28068 of 2008, whereby and whereunder the learned single judge allowed the vacate stay application filed by the 1st respondent- Bank. The appellant is the writ petitioner. Challenging the action of the respondents in not handing over the keys of the premises in question to the appellant, the appellant filed the aforementioned writ petition before the learned single Judge. On 30.12.2008, while issuing notice before admission, a learned single judge of this Court directed the 1st respondent-bank to handover the keys of the premises in question subject to the condition of the appellant depositing an amount of Rs. 2,00,000/-. When the appellant failed to comply with the said direction, the 1st respondent bank filed W.V.M.P. no.119 of 2009 seeking to vacate the said interim order. By the impugned order, the learned single judge, vacated the aforesaid interim order on the ground that the appellant had not deposited the amount of Rs.2.00 lakhs as ordered by this Court on 30.12.2008 and also on the ground that the appellant was not ready to deposit any amount. Aggrieved, the appellant-writ petitioner filed the present appeal. Admittedly, when the appellant failed to comply with the interim order granted by this Court on 30.12.2008, the learned single judge vacated the said interim order. In the circumstances, we do not find any reason to interfere with the order of the learned single Judge. In view of the fact that the main writ petition filed by the appellant is still pending for adjudication before the learned single Judge, we feel it appropriate to post the writ petition itself for hearing before the learned single Judge. Hence, the registry is directed to post Writ Petition No. 28068 of 2008 for hearing before the learned single Judge on 11.8.2009 on the top of the list. However, we make it clear that the 1st respondent-bank shall not handover the keys of the premises in question till the disposal of the writ petition. The writ appeal is accordingly disposed of with the above directions. No costs. ___________________ T.MEENA KUMARI,J Date: 6h July, 2009 _________________ SANJAY KUMAR,J pnb