IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 1153 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 09/09/2008 in WP NO : 2196 OF 2008 on the file of the High Court.) Between: M/S.KOLAWAR COTTON GINNING FACTORY, NIZAMABAD DIST a partnership firm represented by its partnere Sri K.Shravan Kumar, S/o.Late K.Chandra Prakash aged 39 years, Handekallur, Bichkunda Mandal Nizamabad Dist. ..... APPELLANT AND 1 M/S.MANISHA COTTON INDUSTRIES, rep. by its Proprietor, Raj Kumar Ram Hari Agarwal S/o. Ram Hari, R/o. Handekellore Village, Madnoor Mandal, NIZAMABAD DIST 2 The A.P. State Financial Corporation Ltd., having its Regd. Office at Chirag Ali Lane, Abids, Hyderabad rep. by its Managing Director. 3 The A.P. State Financial Corporation Ltd., Nizamabad Branch, Subash Nagar, Nizamabad, rep. by its Branch Manager. .....RESPONDENT(S) Counsel for the Appellant:MR.L.VENKATESHWAR RAO Counsel for the Respondent No.: MR.M.HAMSA RAJ The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 1153 of 2008 JUDGMENT: (Per Sri Justice B Prakash Rao) Heard both sides and at their request the appeal is taken up for disposal at the admission stage itself. The appellant herein is the contesting respondent no.3 in the writ petition ﬁled by the ﬁrst respondent herein, seeking comprehensive interim direction against the third respondent/appellant herein not to change the nature of the property and not to create any third party interest over the assets of M/s. Manish Cotton Industries, pending disposal of the writ petition. The only grievance of the appellant herein is with regard to the ﬁrst portion of the interim relief sought for and granted in the writ petition and it contends that due to interim orders its entire business activity has came to a stand-still. Further it is also submitted that as regard creation of third party interests, it will abide by the same and sought for modiﬁcation of the interim orders. Having heard the learned counsel on either side and on perusal of the material and particularly in view of the fact that there is no serious objection on the part of the respondents in regard to the ﬁrst portion of the interim order, we deem it appropriate to modify the interim orders of the learned Single Judge and restrict the same only to the extent not to create any third party interest by the appellant herein. The interim orders of the learned single Judge as regards not to change the nature of the property stands vacated. Subject to above modiﬁcation, the appeal stands disposed of. No costs. ________________ B.PRAKASH RAO,J _______________ R. KANTHA RAO,J DATE:22.9.2008 Tvk THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 1153 of 2008 Date: 22.9.2008