✦ High Court of India · 04 Sep 2025

The High Court · 2025

Case Details High Court of India · 04 Sep 2025
Court
High Court of India
Decided
04 Sep 2025
Length
1,089 words

1 . ANG Chit Fund P Ltd., Rep.by Mr.B.Dasaratha S/o. Late Lakshmaiah Aged 52 yea$. Legal Assistant cum Authorized Person Registered Office at Flat No- 102, Mahendra ReskJency Beside Aditya Park lnn Hotel Ameerpet, Hyderabad.

2. Mr.M.Anjaneyulu, S/o. Mr. M.Nageswara Rao, Aged 50 years, Rl/o.No.8-3- 'l102lslA and B Flat No.402, Lakshmi Nilayam, Srinagar Colony, Hyderabad 500007

3. Mrs. M.Rita, Wo.Mr.Anjaneyulu Aged 45 years, R./o. No.8-3-1102/2/4 and B Flat No 402, Lakshmi Nilayam, Srinagar Colony, Hyderabad -500073

4. Mr.G.Srinivasa Rao, S/o. Mr. G.Sriramulu Aged about 60 years, R/o.H.No.155/B Flat No.302 Raghavendra Garden, Near Community Hall, S.R Nagar Hyderabad 500038 ...RESPONDENTS lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of the Attachment Order dated O4l10lm21, Proclamalion of Sale published on O5lO9l2O24 for auction sched{rled on 1811012024 and all further proceedings in EP No. 69 of 2021 with respect to th , sale of the Petition Schedule Properties pending disposal of the CRP. lA NO: 3 oF 2024 Between: ANG Chit Fund P Ltd., Rep.by Mr.B.Dasaratha, S/o. Late .akshmaiah, Aged 52 years, Legal Assistant cum Authorized Person Registererl )ffice at Flat Nb.102, Mahendra Residency Beside Aditya Park lnn Hotel Ameer: !t, Hyderabad. ...Petition :r/Respondent No. I AND 1 M/s lndian Bank, Maruti Nagar Branch, A3l222J1l' Shalimar Apartment, YgypyfslOq Roa^d,_Maruthi Nagar, Hyderabad, Tetangzrr a - 500045 Rep by its CM/ Authorised Officer. ...Resporr lent No. l/Petitioier AND

2. Mr.M.Anjaneyulu, S/o. Mr. M.Nageswara Rao, Aged O years, Fi/o.No.g-3- llOzjslA and B Flat No.402, Lakahmi Nilayam, Srina; rr eolony, Hyderabad 500007

3. Mrs. M.Rita, Wo.Mr.Anjaneyulu Aged 45 years, Rl/o. I c.B-3-1,loZslA and B Flat No.402, Lakshmi Nilayam, Srinagar C6lony, Hydere :ad -500073

4. Mr.G.Srinivasa Eao, S/o. Jr/r. G.Sriramulu Agr>r about 60 years, Rl/o.H.No.155/B FIat No.302 Raghavendra Gardeni t ear Community Hall, S.R Nagar Hyderabad 500038 .Respondents No. 2 to 4/Re ;pondents No. 2 to 4 Petition under Section 151 CPC praying that in thr, )ircumstances stated in the affidavit filed in support of the petition, the High Ccr l may be pleased to vacate the order dated 18-10-2024 in CRP No. 32BS of zo'.t. . Counsel for the Petitioner : Sri. Hemanth Kumar Vemur Counsel for the Respondent : Sri Ravi Chandra Bejjaram The Court made the following: ORDER I I I I I i i THE HON'BLE SMT. JUSTICE RENUKA YARA CI.L REVISION PETITION No.3285 of 2ol24 ORDER: Heard Sri Hemanth Kumar Vernuri, leamed counsel for the revision petitioner and Sri Ravi Chandra Bejjaram, learned counsel for respondents. Perused the record.

2. The present Civil Revision Petition is filed to set aside the Proclamation of Sale published on 05.09.2024 and to subsequently declare the Attachment Order dated 04. 10.202 1 and orders passed in E.A.Nos.21 , ll2, | 13 and 114 of 2023 in E.P.No.69 of 2O2l on the file of learned XVII Additional Senior Civil Judge, City Civil Court at Hyderabad, as illcgal and arbitrar5r.

3. The case of the revision petitioner is that respondent No.4 availed loan facility way back in the year 2Ol2 and executed a Mortgage Deed in favour of the petitioner. Subsequently, respondent No.2 subscribed to a chit with respondent No.1 and in that regard, the award is passed by the Deputy Registrar of Chits/Arbitrator, Erragadda (Sourh), in ABR. C.F. No.412 of 2013 against respondent Nos.2 to 4. In that context, E.p.No.69 of 2O2I has been frled and Attachment Order with respect to schedule A and B Properties has been passed by the learned XVII Additional z RY,J CRP No.3285 ol2024 senior civil Judge, city civil court at Hyderair .d in E.p.No.69 of 202r. 4 . karned counsel for the petitioner pleadec that the petitioner has first charge over the properties that are atta: ted as Mortgage is of the year 2OL2, whereas, the award pass: I by the Deputy Chits/Arbitrator, Erragadda (SotLr h), in ABR. C.F. Registrar of No.412 of 2013, is of the year 2O16 and 2027. attachr rent is of the year

5. It is agreed by the learned counsel for re:;t ,ondent No. 1 that the revision petitioner has first charge over thc ;r tperties attached. F\rrther, tlee leamed counsel for the revisio r petitioner also represented that the Schedule_B property i.e., LJ I t_2 on First Floor of Dhar Mansion North_East admeasuring I 165 ;q. fts., (inclusive of common area) along with parking together ,, ith proportionate undivided share of land 37. 12 sq. yards., out of t97 sq. yards., in premises 8-3-16612/1, situated ar Erragadda Hyderabad, is already sold and the sale proceeds are realized ry the petitioner. currently, Schedule-A property only is available . I-earned counsel for the revision petitioner further represento I that there is outstanding due of Rs. 11,09,OOO/_ to be paid b., respondent No.4 and respondent No.4 entered into of ,One TinL, Settlement, for -/ 3 RYJ CRPNo.3 5 of2o24 payment of Rs.4, 15,OO0/-. Therefore, respondent No. 1 can proceed against Schedule-A property.

6. Accordingly, the Civil Revision Petition is disposed of setting aside tlre order dated 04.lO.2O2I orders passed in E.A.Nos.2L, LI2, 113 and lI4 of 2023 in E.P.No.69 oi 2O2t on the fiIe of learned .XVII Additional Senior Civil Judge, City Civil Court at Hyderabad, with permission to respondent No.1 to proceed against Schedule-A property for realization of their due amounts under the chit subscribed by the respondent No.2. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. To, SD'. C. DEEP]KA ASSISTANT REGISTRAR G SECTION OFFICER //TRUE COPY// " l.TheCourtofxvllAddl.seniorCivllJudge,CityCivilCourt' Hyderabad. (with records if any)

2. OneCC to SRl. Hemanth Kumar Vemuri' Advocate TOPUCI Advocate [OPUC] 3. One CC to SRl. Ravi Chandra Bejjaram ' 4. Two CD CoPies PnS. HIGH COURT DATED:04/0912025 ORDER GRP.No.3285 o12024 ) 1,,\ i .. i 6 rEB 2026 I t, I a ..t CIVIL REVISION PETITION IS DISPOSED OF >\* 4\

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