HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Civil Miscellaneous Appeal No.955 of 2014 Date: 02-12-2014 Between:
J.H. Bhavani .. Appellant AND The Branch Manager, Karur Vysya Bank. Kukatpally Branch, Hyderabad.
.. Respondent HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Civil Miscellaneous Appeal No.955 of 2014 ORDER:
The present appeal is filed by the appellant being aggrieved by the order dated 15-07-2014 passed in I.A.No.157 of 2014 in O.S.No.164 of 2014 by the Principal Senior Civil Judge, Ranga Reddy District, granting injunction against the respondent restraining it from conducting auction of gold ornaments of the petitioner till disposal of the suit on condition of the petitioner depositing half of the due amount to the respondent on or before 06-08-2014 failing which the petition shall stand dismissed.
2. This court on 30-10-2014 in CMAMP.No.1558 of 2014 granted interim stay of finalization of auction proceedings subject to condition of the appellant-petitioner depositing entire amount due to the respondent-bank within a period of three weeks from that date.
3. When the matter is taken up for hearing, the learned counsel for the respondent-bank states that since the appellant has not paid the amount as ordered by this court on 30-10-2014, the auction was finalized and gold ornaments were handed over to the auction purchaser. He also stated that the appellant has not even deposited half of the amount as ordered by this court payable on or before 06-08-2014. He further stated that the said fact was also intimated to the petitioner/appellant.
4. In the appeal filed by the appellant-petitioner, except saying that she is unable to pay the amount as ordered by the court, the appellant has not disputed the liability. The petitioner has neither complied with the conditional order passed by the Court below on 15-07-2014 nor even complied with the order passed by this court on 30-10-2014 and now the petitioner filed CMAMP.No.1695 of 2014 seeking enlargement of time by four weeks for complying with the order dated 30-10-2014. At least, the petitioner should have deposited some amount to show her bonafides in complying with the conditional order passed by the Court below as well as this Court.
5. In view of the fact that the auction was finalized and gold ornaments were handed over to the auction purchaser and even on merits, no case is made out. Therefore, I do not find any illegality or irregularity in passing the impugned order warranting interference of this Court, and hence, the appeal is liable to be dismissed.
Accordingly, the appeal is dismissed. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 02-12-2014 Ksn