Smt Salma v. Indian Bank and 3 Ors.

I.A. No. 26/2022 in Appeal Dy. No. 17/2022 Date: 02.08.2022

Smt. Salma Vs. Indian Bank & Ors.

Present: Shri Rajeev Jaiswal, counsel for the appellant,

Heard the learned counsel for the appellant.

Learned counsel for the appellant submits that the respondent no. 3 had expired on 09.06.2013 and his legal heirs have already been substituted, therefore, the earlier order dated 08.04.2022 of this Tribunal stands complied with. He further contends that the original owner of the property was respondent no. 3, who is the borrower and had taken loan from the respondent-Bank in the month of April 2006. The respondent no. 3 had sold the property in question to the respondent no. 4 on 14.06.2008 by registered sale deed. The appellant has purchased the property in question from the respondent no. 4 vide registered sale deed on 06.03.2010. It is contended that the appellant is a third party, who has purchased the property in question much before the loan was enhanced by the Bank and his property cannot be in anyway encumbered on account of the said loan. Therefore, his interest needs protection.

Issue notices on admission to the respondents by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellants within a week. Affidavit of service along with tracking report be filed by the next date.

List this case on 07.11.2022 for service. Till then the status quo qua the property in question, as it exists today, shall be maintained by the parties concerned.

Justice R. D. Khare Chairperson