Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to lssue a writ of Mandamus (a) Directing the Respondent No.3 to declare the sale Deeds Nos. 9390/ '1994, 939i/i994 and g774t1gg4 as void abinitio which was obtained fraudulenfly through forged and fabricated documents and (b) To declare the settlement dated 03. 05. 2024 between Respondent Nos. 11 to 14 and Respondent Nos. 7 & B Bank as void, collusive and not binding on the Petitioners and (c) To declare that Respondent Nos.7 and B Bank, against which the civil court explicitly declined jurisdiction, could neither have relied upon nor executed the observations in the 200s judgment after i 9 years, particularly when the civil court held it had no jurisdiction over the Bank, no decree was passed against the Bank, the observations were not executable after .12 years under the Limitation Act, the Bank was bound by RDDB Act procedures, and DRT proceedings were pending and (d) To direct the Banks to recover dues through prescribed procedure under RDDB Act cannot be circumvented or waived based on observations in a time- barred civil court order passed without jurisdiction qua the Bank and the Respondent Nos. 7 and 8 Bank had a statutory duty to fetch the highest possible value for the mortgaged properties through public auction process and (e) Direct that any proceeds from sale of mortgaged properties exceeding the loan amount due to the Bank shall be returned to the petitioners who are the original land owners and owners of the properties and the Bank to account for the exponential appreciation in property value from 2005 to 2024 and declare that private settlement ignoring such appreciation is arbitrary and illegal and (f) To direct cancellation of No- Dues certificate dated 30. 04. 2024, closure certificate dated 03' 05. 2024 issued by Respondent No. 3 (Bank) and (g) To direct Respondent Nos. 7 and 8 Bank to continue DRT proceedings in o. A No. 9/ 199g in DRC No'1 '1512001 pending before the Hon'ble DRT, Kerala restore status quo ante as on 27.o3.2024, take possession of properties, and proceed with recovery through public auction as per law.
