SAYEDAHMED S/O ALLAHBAKSH Vs. BANK OF BARODA

JUDGEMENT

(1.) The petitioner has impugned the order dtd. 22/5/2018 in SARFAESI CR No.68/2016-17 (Annexure -H) issued by the second respondent under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, "the SARFAESI Act ") as also the consequential notice dtd. 13/1/2022 (Annexure - J) issued by the Tahasildar, Hubballi, the third respondent. The petitioner would have to avail possession of the subject property to the first respondent, the secured creditor, in terms of this impugned order and the consequential notice.

(2.) The petitioner 's case is that his parents were the undisputed owners of the subject property, and his father has executed gift deed transferring his undivided share in the property but his sisters have managed to create documents to set up title to the mother 's undivided share though she has not transferred her undivided share in any manner known to law.

(3.) Sri.S.K.Kayakamath, the learned counsel for the petitioner, submits that the petitioner 's mother has died on 15/2/2010 and a purported gift deed by her is set up in the year 2013. The petitioner has instituted necessary proceedings in O.S. No.809/2019, which is pending consideration on the file of V Additional Civil Judge, Hubballi, for appropriate relief. The charge over the subject property in favour of the first respondent is irregular, and if the charge is irregular, the initiation of proceedings including the proceedings under Sec. 14 of the SARFAESI Act would be impermissible in law.