Disposed

P.G.Selvam, v. the Branch Manager

Madras HC4 Jan 2021WP/9086/2014

Case brief

AI extract

What is this about?

Writ petition filed by subsequent purchasers for return of original sale deed held by mortgagee bank. Court directed petitioners to either deposit the full dues to seek release of mortgage or approach Civil Court for redemption. Writ petition closed allowing them other remedies.

What did the court decide?

Writ petition closed. Petitioners directed to deposit amount for release or approach Civil Court for redemption.

P.G.Selvam, Vs the Branch Manager — Specific Performance | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 04.01.2021

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CORAM

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THE HONOURABLE MR. JUSTICE S.S.SUNDAR

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W.P.No.9086 of 2014

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1.P.G.Selvam
S/o.Gopal
2.R.Saravanan
S/o.Royer ... Petitioners
Vs.
1.The Branch Manager,
State Bank of India,
Marandahalli Branch,
Marandahalli Post,
Palacode Taluk,
Dharmapuri District.
2.The Regional Manager,
State Bank of India,
Vellore Region-IV Zonal Office,
Vellore Town & District. ... Respondents

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Prayer: Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent to return the original sale deed dated 22.04.2004, which is registered as Document No.340 of 2004 on the file of the Sub Registrar, Marandahalli after receiving the entire amount towards redemption of mortgage loan availed in Account No.30574647224.

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The learned counsel appearing for the petitioners state that they are ready to pay the entire amount, which is due. The petitioners are the subsequent purchasers who have purchased the property, after the creation of the mortgage in favour of the bank. Instead of approaching the Bank, the petitioners have approached this Court with the prayer to return the original sale deed dated 22.04.2004, which is

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https://hcservices.ecourts.gov.in/hcservices/ Page numbers

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registered as document No.340 of 2004 immediately after issuing a notice on 03.02.2014. The petitioners, while issuing notice, have called upon the Bank to give a date to pay the loan amount due within a week, so as to enable the petitioners to discharge the entire mortgage loan due on the schedule property to the bank.

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2.The petitioners state that they are willing to deposit the entire amount. It is open to the petitioners to settle the entire dues and thereafter seek release of mortgage. However they have not paid any amount. If there is any dispute with regard to quantum or other difficulties, the petitioners can approach the Civil Court for redemption of mortgage. Reserving such right of the petitioners to redeem the mortgage in accordance with law, this writ petition is closed. No Costs.

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Sd/Assistant Registrar //True Copy// Sub Assistant Registrar tta To 1.The Branch Manager, State Bank of India, Marandahalli Branch, Marandahalli Post, Palacode Taluk, Dharmapuri District. 2.The Regional Manager, State Bank of India, Vellore Region-IV Zonal Office, Vellore Town & District. W.P.No.9086 of 2014 PM(CO) CB(12/02/2021)

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https://hcservices.ecourts.gov.in/hcservices/

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P.G.Selvam, v. the Branch Manager

Case brief

What is this about?

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P.G.Selvam, v. the Branch Manager

Case brief

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