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2020 Supreme(AP) 340

RAKESH KUMAR, M.GANGA RAO
Ch. Uma Maheshwari – Appellant
Versus
State Bank of India – Respondent


Advocates Appeared:
For the Appellant : P. Rajesh Babu.
For the Respondents: K.B. Ramanna Dora.

JUDGMENT :

Rakesh Kumar, J.

1. Since in both the writ petitions the parties, and the reliefs sought for, are almost similar, both these writ petitions, with the consent of learned Counsel for parties, were taken up together and are being disposed of by this common order.

2. The petitioner, who is none else but the daughter of guarantor of the secured properties, regarding which, initially, order under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act') was passed, had filed a writ petition vide WP No. 38662 of 2018 under Article 226 of the Constitution of India praying to declare the action of 1st respondent-State Bank of India/secured creditor in obtaining physical possession of petitioner's site with mangalore tiled roof shed existing therein i.e., an extent of 496 square yards existing towards the north western corner of Ac. 0.50 cents with an old tiled house bearing Door No. 16-25-8/1 in TS No. 1965/5/6, Sambamurthy Nagar, near ESI Hospital, Kakinada, East Godavari District. The petitioner has asserted that the respondent-bank had taken possession pursuant to the orde

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