THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G. CHANDRAIAH WP No.25604 of 2010 Order: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed seeking to issue a writ of mandamus declaring the impugned action of the 1st respondent-bank in trying to evict the petitioner by taking physical possession of the property in question from the petitioner and proceeding to sell the same without issuance of notices under Sections 13 (2) and 13 (4) of the SRFACESI Act and also the action of the 3rd respondent in dismissing the IA No.821 of 2010 in SA No.198 of 2010 filed seeking stay of the proceedings in the matter as being illegal, arbitrary and violative of principles of natural justice and for consequential reliefs. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Perused the impugned order passed by the Tribunal. 3. The case of the petitioner is that the petitioner stood as guarantor to the loan availed by the 2nd respondent from the 1st respondent and created equitable mortgage over the property in question in favour of the 1st respondent-bank. It is stated that the 2nd respondent was irregular in making repayments and therefore the bank initiated proceedings under the provisions of the Act. It is stated by learned counsel for the petitioner that as against the proceedings initiated by the respondent- bank, the petitioner and borrower approached the DRT, Hyderbad, by way filing an appeal being SA No.198 of 2010 and the same is pending. The petitioner also filed an interlocutory application before the DRT, Hyderabad, and the same was dismissed by the impugned order. 4. This Court while admitting the matter, granted interim stay on condition the petitioner depositing a sum of Rs.4 lacs within a period of eight weeks and it is stated that the said direction has been complied with by the petitioner. In the circumstances, since the matter is seized of by the Tribunal and there is no final adjudication of the matter, without expressing any opinion on the merits of the matter, the writ petition is disposed of directing the 3rd respondent-DRT, Hyderabad, to dispose of the SA filed by the petitioner within a period of four weeks from the date of receipt of a copy of this order. Till the disposal of the SA filed by the petitioner, the petitioner shall not be dispossessed from the property in question. At the same time, the respondent-bank is at liberty to withdraw amounts deposited by the petitioner pursuant to the interim directions of this Court. No costs. _____________________​_​__ Ghulam Mohammed, J ___________________ G. Chandraiah,J Dated: 11-7-2011 Nrg.