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Judgment
T.C.D. Sekhar, J
The 2nd respondent in the present writ petition filed Crl.M.P.No.209 of 2025 on the file of Chief Metropolitan Magistrate, Visakhapatnam seeking to appoint Advocate Commissioner for the purpose of delivery of physical possession of the schedule property. Pursuant thereto, the trial Court passed order appointing Advocate Commissioner and thereafter on 23.09.2025, the Advocate Commissioner issued notice either to clear the debt or vacate the premises within 12 days. Aggrieved by the same, the Writ Petitioner preferred S.A.No.570 of 2025 before the Debts Recovery Tribunal, Visakhapatnam. Along with the same, he preferred interlocutory application vide I.A.No.3737 of 2025 seeking to stay all further proceedings pursuant to notice dated 23.09.2025 issued by the Advocate Commissioner.
The Tribunal by order dated 29.09.2025 directed the learned Registrar to send notice through registered post to the respondent Financial Institution while posting the application to 08.10.2025. The respondents are trying to dispossess the petitioner as the time stipulated in the notice dated 23.09.2025 is expiring by 05.10.2025 and since the Debt Recovery Tribunal posted the matter to 08.10.2025, apprehending that the possession of the subject property would be taken away by the respondents, the present writ petition is filed.
Learned counsel for the petitioner relied on order passed by the Coordinate Bench of this Court in W.P.No.7095 of 2025, where under this Court directed the parties therein to maintain status quo with regard to possession of the property.
Having regard to the submissions made by the learned counsel for the petitioner and following the order passed by this Court in W.P.No.7095 of 2025, the present Writ Petition is disposed of directing the respondents not to dispossess the petitioner from residential Flat bearing D.No.36-92-332/5 admeasuring an extent of 800 stf pursuant to notice dated 23.09.2025 issued by the Advocate Commissioner in Crl.M.P.No.209 of 2025 on the file of Chief Metropolitan Magistrate, Visakhapatnam, till appropriate orders are passed in I.A.No.3737 of 2025 in S.A.No.570 of 2025.
Accordingly, the Writ Petition is disposed of. No costs.
As a sequel, pending applications, if any, shall stand closed.