Andhra Pradesh High Court
WP/29711/2021 of Vangamudi Bhaskar, Vs CAN FIN HOMES LTD on 9 July 2026
reserved for orders : NIL Date of pronouncement : 10.07.2026 Date of uploading : APHC010495062021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3602] FRIDAY, THE 10th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SMT JUSTICE
Date of reserved for orders : NIL
Date of pronouncement : 10.07.2026
Date of uploading :
APHC010495062021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE 10th DAY OF JULY 2026
PRESENT
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM
WRIT PETITION NO: 29711/2021
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1. VANGAMUDI BHASKAR,, S/O. LATE V. KRISHNA, HINDU, AGED ABOUT 38 YEARS, R/O. 1-4/1-24,PATIKIBELLAMVARI STREET, GUPTA CENTRE, VIJAYAWADA 520012, KRISHNA DISTRICT.
2. VANGAMUDI DURGA BHUVANESWARI,, W/O. VANGAMUDI BHASKAR, HINDU AGED ABOUT 35 YEARS, R/O. 1-4/1-24, PATIKIBELLAMVARI STREET, GUPTA CENTRE, VIJAYAWADA 520012, KRISHNA DISTRICT.
...PETITIONER(S) AND
1. CAN FIN HOMES LTD, Branch- Vijayawada, D. No. 40-5-19/17, 1st floor, Near Siddhartha College Bus stop, Mogalrajpurarn, Vijayawada 520 010, Krishna District, Andhra Pradesh., Rep. By its Authorised Officer, Smt. Ambika Pai, W/o. Viswanath pai, R/o. Vijayawada.
...RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly, one in the nature of Writ of Mandamus, declaring the order Dt. 24.11.2021, made in Crl M.P. No. 544/2021 in CF No. 2270/2021, of the Chief Metropolitan Magistrate,
Vijayawada in allowing the petition permitting the respondent institution to take physical possession of the property bearing D. No. 1-4/1-24 admeasuring 61- 98 Sq. yards or 51-82 Sq. mts, Asst. No. 724-A, New Asst. No. 900, NTS No. 115, Block No. 1, Revenue Ward No. 1, Vidyadharapuram, Vijayawada bounded by East 3 ft wide joint passage, South Joint wall with Saidabibi, West Property of G. Kanakaiah, North Property of Sk. Buranbi, by appointing an Advocate Commissioner who shall take the assistance of the local police, if necessary, with prior notice and to break open the lock of the schedule property, as bad, illegal, arbitrary and unjust and contrary to the Act, and rules made under the SARFAES1 Act 2002 and consequently set aside the same and pass IA NO: 1 OF 2021 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 all further proceedings pursuant to the order Dt. 24.11.2021 made in Crl. M.P.No.544/2021, in C.F.No. 2270/2021on the file of The Chief Metropolitan Magistrate, Vijayawada pending disposal of writ petition and pass Counsel for the Petitioner(S):
1. K KOUTILYA Counsel for the Respondent:
1. K N P VAMSIKRISHNA The Court made the following:
THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM
WRIT PETITION NO.29711 of 2021 ORDER: (Per Hon’ble Sri Justice Battu Devanand)
This Writ Petition is filed against the order, dated 24.11.2021 passed in Crl.M.P.No.544 of 2021 in C.F.No.2270 of 2021 by the Chief Metropolitan Magistrate, Vijayawada permitting the respondent institution to take physical possession of the subject property.
2. During the course of hearing learned counsel for the respondent submits that he filed a memo on behalf of the respondent stating that during pendency of this Writ Petition, the petitioners herein approached the respondent/NBFC and cleared the loan under OTS by paying an amount of Rs.14,00,000/-. He further submits that the respondent has released the mortgaged subject property and issued a no-objection certificate in favour of the petitioners on 01.04.2026. He has also placed a copy of the no-objection certificate, statement of account before this Court.
3. Having considered the submissions of the learned counsel for the respondents and for the reasons stated in the memo, in our considered view no further adjudication is required in this Writ Petition.
4, Accordingly, this Writ Petition is dismissed as infructuous. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
__________________________ JUSTICE BATTU DEVANAND
____________________________ JUSTICE SUNITHA GANDHAM Dated: 10.07.2026 Whether the order is :
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√ Speaking Yes/No / Reasoned Yes/No
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√ Reportable Yes/No / Non-Reportable Yes/No TM
THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM
WRIT PETITION NO.29711 OF 2021
Dated: 10.07.2026 TM