Appeal No. 39 of 2024-DRAT-Kolkata Nagireddy -vs- Indian Bank & Others) filed by Respondent No. 1 herein, namely Sri Bheemavarapu Nagireddy. 2. Heard the Learned Counsel for Appellant as well as Respondent No. 1 and perused the record. 3. As per the pleadings of the parties, a Securitisation Application was filed by Respondent No. 1 challenging the order of the District Magistrate dated 12.1.2017 for taking physical possession under Section 14 of the SARFAESI Act (hereinafter referred to as the ‘Act’) along with consequential reliefs. Respondent No. 1 states that originally the properties were purchased by Konda Nagireddy, son of China Kotireddy, under a registered Sale Deed No. 2582 dated 27.09.1947. Thereafter, Konda Nagireddy purchased three items of properties, namely, (i) Ac. 1.00 of land situated in Kunchanapalli village, Patta No. 962 Division No. 15, (ii) Ac.0.20 cents of land situated in Kunchanapalli village, Patta No. 962, Divivision No. 15A and (iii) Ac.0.10 cents situated in Kunchanapalli village, Patta No. 962, out of the property purchased under the Sale Deed dated 27.9.1947. Konda Nagireddy was in possession and enjoyment of said un-partitioned properties till his death. 4. Konda Nagireddy died intestate in the year 1960, leaving behind his wife Konda Rattamma, two sons, namely, Konda Sambireddy and Konda Kotireddy and daughter Konda Sitamma, who died intestate. 5. Konda Rattamma died in the year 1987 and hence her two sons, namely, Konda Sambireddy and Konda Kotireddy; daughter Konda Sitamma is dead, are entitled for equal
