Krishnaiah LoYa and two others v. Petitloners
Case at a glance
- Bench
- MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR
Provisions considered
- Constitution of India art. 226
- Code of Civil Procedure, 1908 s. 151
Judgment
Krishnaiah Loya, S/o Late Sri Venkataswamy, aged about 51 years, Occ. Business, Rl/o Flat No.40'l , Door No.8-4-371lb/52.53.54, Vaistinavi Residency, Saradhi Nagar tVothi Nagar, Landmark-Near Bus Stop Hyderabad -500018.
Smt. Veena Loya, W/o Krishnaiah Loya, aged about 48 years, Occ. business R/o Flat No.401, Door No.8-4-3711b152.53.54 Vaistinavi Residency, Saradhi Nagar tvlothi Nagar, Landmark-Near Bus Stop Hyderabad -500018
M/s Sai Krishna lndustries, Rep. by its Proprietor Krishnaiah Loya Flat No.401, Door No.8-4-3711b152.53.54 Vaistinavi Residency, Saradhi Nagar Mothi Nagar, Landmark-Near Bus Stop Hyderabad -500018 ...PETITIONERS AND 1 The DCB Bank Ltd, Corporate and Regd. Office at 6th floor, Tower A, Peninusula Business Park, Senapat Bapat Marg, Lower Parel, tvlumbai-4O0 013, rep. by their M.D and CEO The DCB Bank Lld., Banjara Hills Branch, 8-2-120184, 2nd floor, Jyothi Majestic, Banjara Hills, Road No 2, Hyderabad-500 034 rep. by the Branch Manager 2 ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of [t/andamus or any other Writ, Order or Direction in the nature of a writ declaring the letter daled 15.12.2025 rejecting petilioner's requesl dated 02.12.2025 to accept DD No.
023369 for Rs. 1,16,31,5371 (or Rs. 1,15,25,9671-) and release the mortgage as arbitrary, illegal and violative of Articles 14 and 300-4 of the Constitution of lndia and consequently direct the respondent- bank to accept the amount already tendered by the petitioner towards full and final settlement of Loan A/c No. DRBLHY I )0525668, close the account and deliver original title deeds, subject to such cor ditions as the Court may deem fit in the interest of justice. lA NO: 1 OF 2026 Petition under Section 151 CPC praying that rn the ircumstances stated in the affidavrl filed in support of the petition, the High Co -r t may be pleased to direct the respondent-bank to accept the amount alrer ly tendered by the petitioner towards full and final seltlement of Loan A/c No )RBLHYD0052 5668, close the account and deliver original title deeds, subject t I such conditions as the Court may deem fit, pending disposal of the present Wril petition.
IA NO: 2 OF 2026 Petition under Section 151 CPC praying that in the ;rrcumstances stated in the affidavit filed in support of the petition, the High Cor- 1 may be pleased to set aside the alleged e-auction held on 21-11-2025 and a I consequential steps, including any sale confirmation/sale certificate in respect of House No.13-1-1554, Plot No. 11'1 , Sy.No.28, Mothi Nagar, Bobtrr guda Village, GHMC Kukatpally Circle, Balanagar [Vlandal, tvled chal-tVla lkaj ] ri District, pending disposal of the present Writ Petition. Counsel for the Petitioners: SRI G.M.RAVI KUMAR Counsel for the Respondents: -- NONE APPEARED -- The Court made the following: ORDER HIGH COU RT FOR THE STATE OF TELANGANA AT ITYDERABAI) THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON'BLE JUSTICE GADI PRAVEEN KUMAR WRIT PETITI ON NO. sa4 0F 2026 DATEI 0,4.02.2026 Between: Krishnaiah LoYa and two others And Petitloners The DCB Bank Ltd., and another Respondents Mr.G M Ravi Kumar, Iearned counsei appearing for the petit roners ORDER: (Per Hon'ble Justice Moushumi tshattacharyal
1. No one appears for the respondents/ Bank' 2. ln any event, the petitioners do not havc an answcr' at petition is maintainable Ieast todaY, as to why the u'rit against the resPondents/ Bank'
3. Learned counsel aPPearing for withdraw the writ Petition with a Debts Recovery Tribunal (DRT) for appropriate relief liberty to aPProach the the pctitioners seek to ) -
Permission is accorded.
W.P.No.584 of 2026, along with all connected appliczrtions, is zrccordingly dismissed as u'ith<lr: wn. Libcrtl, is grantecl to thc petitioners to approach the [)l? - sullecr to an application being hled by 13.02.2026. Therc shall be no order as to cos ts- //TRUE COPY// SD/- AHMED \BDULLAH KHAN ASSISi 'ANT REGISTRAR ,a+ S ECTIb( OFFICER To, 1 2 BSR One CC to SRI G l\/.RAVl KUMAR, Advocate [OPUC] Two CD Copies HIGH COURT DATED: 0410212026 ORDER WP.No.584 ot 2026 CC TODAY ,<::, ) a o Iq TEB 2UE \ t*_ DISMISSING THE WRIT PETITION AS WITHDRAWN, WITHOUT COSTS
4.)"
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.