WA/1173/2010 of Yelamarthi Satyam Vs The Secretary, on 31 December 2010

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

PRESENT

THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRUAND

THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR

WRIT APPEAL NO.1173 OF 2010

DATED:31.12.2010

Between:Yelamarthi Satyam … Appellant

And

The Secretary, Innespeta Cooperative Urban BankRajahmundry, East Godavari Districtand others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRUANDTHE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR

WRIT APPEAL NO.1173 OF 2010

JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar AhmadKakru)

Extraordinary writ jurisdiction of this Court was invoked by theappellant virtually to set at naught the benefits those flow to therespondents by a long drawn litigation. Along side, an interim reliefpetition was filed. Ad interim relief was granted which was sought to bevacated. Interim matter was finally decided and interim order wasvacated on several grounds, one being suppression of an important factthat the writ petitioner had earlier invoked the jurisdiction of the civilcourt and had obtained injunction which was later vacated which fact issuppressed in the writ petition, and the other is a prima facie view takenby the writ Court that the decree relied upon by the writ petitioner iscollusive one. We find no fault with the view taken. Other reasons neednot be deliberated upon. Dismissed.

VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU,CJ31-12-2010

B. Narsinga Rao