to the vendee, the property has to be re-conveyed to the vendor. The Appellant , therefore, sought relief to stall the Sarfaesi measures initiated against the subject property. The Ld. Presiding Officer vide the impugned order refused to grant any interim orders and dismissed the application. Aggrieved by that dismissal of the I.A., the Appellant is an appeal. 3. It is pertinent to note that the Appellant had as early as 2016 executed a sale deed in favour of his nephew for having taken a loan from him and executed a sale deed with a condition to re-convey the property. Thereafter, the Defendants Nos. 3 & 4 mortgaged the property by deposit of title deed and obtained the loan from the first Respondent herein. The repayment of the loan was defaulted and Sarfaesi measures were initiated. Notice under Sec. 13(2) of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002(‘SARFAESI Act’, for short) was issued as early as 27.01.2020 and the outstanding dues are around ₹2.05 crores. The borrowers do not have any objection to handing over the property but the Appellant filed a Securitisation Application seeking relief under Sec. 17 of the SARFAESI Act claiming to be a party who is affected by the Sarfaesi measures. The Ld. Presiding Officer found that the Appellant has no existing right over the property in view of the execution of the sale deed in favour of his nephew and therefore, he cannot claim any existing right unless the property is got re-conveyed. The Appellant has, in fact, filed a Civil Suit before the Civil Judge, Senior Division, Pune as Special Civil Suit No. 896 of 2021 for seeking a prayer for reconveyance of the property. No orders have been passed in that
