IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 536 of 2008 Between: 1 K. Subbaiah S/o Late Sri Venkata Subba Naidu 2 Mrs. kommi Hymavathi W/o Sri K. Subbaiah 3 Dr. Kommi Subbalaxmi D/o Sri K. Subbaiah All are R/o 26-2-3335(old) or 26-2-1773 (New), Plot No. 156, Simhapuri Colony, Gandhinagar, Vedayapalem, Nellore-524004. ..... PETITIONERS AND 1 Syndicate Bank, Regional Office, Brindavanam, Trunk Road, Nellore, Rep by its Regional manager & Authorised Officer Under Act 54 of 2002 2 Syndicate Bank Darga Mitta Branch, Nellore-524003 rep by its Branch Manager. .....RESPONDENTS 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 issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the measures being contemplated by teh Respondent bank Under Section 13(4) of the Securitisation act in respect of residential building bearing Door No. 26-2-3335 (old) or 26-2-1773 (new) situated in Plot No. 156 admeasuring 401.30 sq. meters, simhapuri colony, Gandhinagar, Vedayapalem, Nellore-524 004, as a sequel to the dismissal of the S.A. No. 127 of 2005 by the Debts Recovery Tribunal, Visakhapatnam on 10-01-2008 pending due indulgence of the DRAT, Chennai in the petitioners' appeal i.e. in (SA) No. 28 of 2008 challenging the aforesaid order filed on 14-01-2008 as being illegal, arbitrary, discriminatory and is a clear violation of petitioners' fundamental rights guaranteed under the Articles 14 & 21 and also of the Article 300-A of the constitution of India and the statutory rights such as Section 18 of the Securitisation Act and pass such other order or further orders as the Hon'ble Court may deem fit and proper in the interest of justice, equity and fair play. Counsel for the Petitioner:MR.T.V.L.NARASIMHA RAO Counsel for the Respondent No.: MR.M.V.RAMANA THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.536 of 2008 ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) Learned counsel for the petitioners submits that the matter has been settled out of Court. Recording the submission, the writ petition is closed. __________________________ GHULAM MOHAMMED,J __________________________ VILAS V. AFZULPURKAR,J Dt:18-06-2009 usd