COMMON ORDER

Claim petitioner filed C.R.P.No.456 of 2022 against the order dated 15.02.2022 in E.A.No.83 of 2020 in E.A.No.1622 of 2022 in E.P.No.173 of 2017 on the file of Principal District Judge, East Godavari, Rajamahendravaram.

2. Claim petitioner filed C.R.P.No.598 of 2022 against the order dated 10.03.2022 in E.P.No.173 of 2017 in C.E.P.No.43 of 2015-2016 on the file of Principal District Judge, East Godavari, Rajamahendravaram.

3. Judgment Debtors filed C.R.P.No.585 of 2022 against the order dated 10.03.2022 in E.P.No.173 of 2017 in C.E.P.No.43 of 2015-2016 on the file of Principal District Judge, East Godavari, Rajamahendravaram.

4. Vasamsetti Vijaya Kumar is hereinafter referred to as „Claim Petitioner‟; Vasamsetti Ramanamma and Vasamsetti Venkata Rao are hereinafter referred to as „Judgment Debtors 1 and 2‟ (J.Drs); The Innispeta Cooperative Urban Bank Limited, Rajamahendravaram is hereinafter referred to as „Decree Holder‟ (D.Hr) and Bandi Prasanthi is hereinafter referred to as „Auction Purchaser‟.

5. (a) J.Drs secured a loan of Rs.50,000/- from the D.Hr in the name of second J.Dr. Mortgage deed was executed in respect of 94 square yards bearing Door No.85-6-32 in V.L.Puram, Rajamahendravaram. The document stood in the name of V.Ramanamma, wife of V.Venkata Rao. J.Drs entered into an agreement with D.Hr on 17.12.1996. J.Drs also borrowed Rs.2,00,000/- was granted by D.Hr on 27.07.1999. J.Drs further borrowed Rs.5,00,000/- on 18.01.2001 from the D.Hr. Necessary documents were executed in favour of D.Hr.

(b) Since, the J.Drs failed to repay the installments/

amount, D.Hr filed application before the Sub Division Cooperative Officer, Rajamahendravaram for recovery of amount. After enquiry, certificate under Section 71 (1) of the Andhra Pradesh Cooperative Societies Act, 1964 (for short “APCS Act”), in Case No.137 of 2002-2003 dated 24.07.2002, was issued to pay a sum of Rs.6,37,250/- together with further interest @17.5%. J.Drs filed appeal before the A.P. Cooperative Tribunal, Visakhapatnam vide O.A.No.139 of 2004. Appeal was allowed by the Tribunal on 05.07.2005 and the matter was remanded back to the Deputy Registrar of Cooperative Societies, Rajamahendravaram for fresh disposal.

(c) D.Hr preferred an Arbitration Petition under Section

61 of the APCS Act before the Deputy Registrar of Cooperative Societies, Rajamahendravaram vide Claim No.740 of 2005 to pass an award for Rs.11,18,173/-. After issuing notices to J.Drs, the Deputy Registrar of Cooperative Societies allowed the claim by award dated 30.06.2006 under Section 62 of the APCS Act for Rs.11,18,173/- with interest @17.5% on quarterly compound. J.Drs filed O.A.No.115 of 2006 before the A.P. Cooperative Tribunal, Visakhapatnam. The appeal was dismissed on 04.06.2008. Aggrieved by the same, J.Drs filed W.P.No.12647 of 2008 and the same was dismissed on 24.03.2011. W.A.No.402 of 2011 filed by them was also dismissed on 17.07.2011.

(d) D.Hr filed E.P.No.43 of 2015-2016 before the Deputy Registrar of Cooperative Societies, Rajamahendravaram. After following the procedure, property mortgaged was put to sale and the sale date was fixed on 04.04.2016. In the sale conducted, the auction purchaser became the highest bidder for Rs.61,00,000/-, sale was confirmed on 22.06.2016, sale certificate was issued on 04.04.2014 and the same was registered on 06.04.2017.

(e) J.Drs filed W.P.No.9106 of 2017 against the confirmation of sale and the same was dismissed on 20.03.2017. J.Drs filed O.A.No.192 of 2016 on the file of A.P. Cooperative Tribunal, Vijayawada, challenging interest rate alone. The said O.A. was dismissed on 21.03.2018.

(f) Claim petitioner, son of J.Drs, filed Claim Petition No.1 of 2016 on 04.04.2016 before the Deputy Registrar of Cooperative Societies, Rajamahendravaram, after completion of auction process, contending that his grandmother gifted 195 square yards; that D.Hr wrongly shown the gifted property as mortgage property and is trying to get the auction conducted