AYESHA MOOSA, W/O LATE K. MOHAMMED MOOSA, SALMA MOOSA D/O LATE K. MOHAMMED MOOSA AND MR. AMEEN MOOSA, S/O LATE K. MOHAMMED MOOSA Vs. BANK OF INDIA, J.C. ROAD BRANCH FARAH COMMERCIAL COMPLEX, NO. 75, J.C. ROAD, BANGALORE-02, REP. BY ITS CHIEF MAN

JUDGEMENT

(1.) IN these writ petitions, petitioners are calling in question the Possession Notice dated 04.08.2011 issued by the respondent - Bank in respect of the petition schedule property. Petitioners are also calling in question the Auction Notice dated 02.10.2011 published in the 'Hindu' and 'Udayavani' daily newspapers notifying public auction to be held on 10.11.2011 for auctioning the petition schedule property.

(2.) PETITIONERS are the legal representatives of the Guarantor late K. Mohammed Moosa. According to the petitioners, they are the owners of the property having succeeded to the same from late K. Mohammed Moosa. Petition schedule property is described as commercial property hearing No. 23 Old No. 1. BBMP Khatha - 23, Benson Road, Benson Town, Bangalore -560 046, measuring 38000 sq.ft. This property is brought for sale by the respondent - Bank for realisation of the total dues in a sum of Rs. . 3,15,61,325/ - plus interest and other charges payable by M/s. M.V.R. Constructions - 2nd respondent herein.

(3.) LEARNED Counsel for the petitioners draws the attention of the Court to the letter dated 26.08.2011 addressed by the Bank as per Annexure -C where under the Bank has made it clear that if the dues were to be discharged within a period of two weeks, they will consider the request of handing over the Title Deeds in respect: of the property belonging to late K. Mohammed Moosa, the Guarantor.