IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.23138 of 2002 Between: 1 Sheikh Najmuddin S/o Sheikh Bade R/o H.No. 1-5-6/24/1, Krishna Colony, Bakaram, Musheerabad, Hyderabad-20. 2 Smt. Sameena Sheik W/o Sheik Najmuddin R/o H.No. 1-5-6/24/1, Krishna Colony, Bakaram, Musheerabad, Hyderabad-20. ..... PETITIONERS AND 1 State Bank of India, Chiragali Lane Branch, Hyderabad. 2 The Recovery Officer, Debts Recovery Tribunal, 5th Floor, Triveni Complex, Abids, Hyderabad. 3 Smt. Farida Begam W/o Mohd Bunhan R/o 1-5-6/24/1, Krishna Colony, Bakaram, Musheerabad, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent in not passing any orders in the appeal filed by the petitioners in R.P.No. 172/2002 in O.A.No. 1212/1997 dt. 1-10-2002 and thereby theatening to put the property bearing H.No. 1-5-6/24/1, situated at Krishna Colony, Bakaram, Musheerabad, Hyderabad for sale is illegal, arbitrary, unjust and against, to the principles of natural justice and consequently set aside the Recovery Certificate in R.P.No. 172/2002 in O.A.No. 1212/1997 dt. 1-10-2002 on the file of the 2nd Respondnet and to grant such other relief as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.M.LAYEEQ KHAN Counsel for the Respondent No.: . The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.23138 of 2002 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) When the matter was taken up for hearing on 27-04-2009, none appeared for the petitioners and as such, the matter was directed to be posted under the caption “for dismissal”. Today also, when the matter is taken up for hearing, neither the learned counsel for the petitioners is present nor is there any representation on their behalf. Accordingly, the writ petition is dismissed for default. The interim stay granted on 20-11-2002 stands vacated. There shall be no order as to costs. ________________ V.ESWARAIAH, J __________________ SANJAY KUMAR, J Date : 28-04-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{SRAVAN}