In a writ petition with civil applications regarding a mortgage suit, Respondent No.1 stated the property was mortgaged and registered. The court held this was not a fit case for exercising extraordinary jurisdiction.
Petition alongwith Civil Applications disposed of.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1703 OF 2003
WITH
CIVIL APPLICATION NO. 569 OF 2003
WITH
CIVIL APPLICATION NO. 724 OF 2005
Shri. Sadhu Bhikoba Pandharkar ... Petitioner
Versus
State Bank of India and Ors. ... Respondents
Mr. A.V. Anturkar for Petitioner.
Mr. Atul G. Dandle for Respondents.
CORAM : F.I. REBELLO &
DR.D.Y.CHANDRACHUD,JJ.
DATED : FEBRUARY 13, 2006
P.C.
. It is the case of the Respondent No.1 that the
predecessor in title of the Petitioners mortgaged
the subject matter of the Petition in favour of
Respondents by deed of mortgage which was duly
registred in the office of Sub Registrar Haveli No.
2 on 13.1.1989 at Sr. No. 703. Respondent No.1
had filed a suit being Special Civi Suit No. 232
of 1992 where all these details were set out. An
alternative prayer also sought in that suit was
that in default the mortgaged preporty may be sold.
The suit was decreed to the extent of recovery of
2
money.
. On behalf of Respondent No.1 the learned counsel
on instructions states that the property has been
mortgaged and registered in favour of Respondnet
No. 1. Once that be the case, we do not find this
to be a fit case where this court should exercise
its extra ordinary jurisdiction. Hence, Petition
alongwith Civil Applications are dispsoed of.
(F.I. REBELLO,J.)
(DR. D.Y. CHANDRACHUD,J.)
2 issues framed by the court
Whether the writ court should exercise extraordinary jurisdiction where the subject matter is a duly registered mortgage.
Whether this constitutes a fit case for the exercise of extraordinary jurisdiction.
Shri. Sadhu Bhikoba Pandharkar
State Bank of India
F.I. REBELLO
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court