The Applicants are neither borrowers nor guarantors and are claiming share in the application schedule property, which was originally purchased by their parents during their life time. It is the contention of the Applicants that, the 3'd Respondent herein and his wife obtained loan from Respondent No.2 herein and created mortgage over the schedule property by obtaining a Release Deed in respect of the application schedule property fraudulently. so, the Applicants contend that, since they got a share in the application schedule property, the l"t Respondent herein, which is the assignee of the 2"d Respondent, cannot proceed against the entire schedule property, As stated supra, despite service of notice, the 1"t Respondent did not choose to appear before this Tribunal and file its Reply statement along with material documents to contradict the version of the Applicants aI1d it remained exparte. so, under such circumstance, I am constrained to hold that, the action initiated by the 1"t Respondent to take physicar possession of the application schedure property with the aid and assistance of Advocate commissioner vide his notice dt.02.0s.2023, issued in crr.M.p.No.37ol 2023 on the file of Ld. cMM, Hyderaad, is liable to be set-aside. Accordingly, this point is answered in favour of the Applicants.
