LAWS(KAR)-2019-2-70

D KIRAN Vs. K RAMESH

Decided On February 20, 2019
D Kiran Appellant
V/S
K RAMESH Respondents

JUDGEMENT

(1.) This appeal is by the plaintiffs in O.S.No.1055/2007 on the file of Additional City Civil Judge, Bengaluru. They claimed the following reliefs in the suit:

(2.) Precisely stated their pleading is that at the time when they purchased the properties, their verification showed that the mortgage created by defendants 2 to 4 with Indian Bank i.e., 8th defendant had been cleared and that bank had returned all the documents of the property to the mortgagors. After purchasing the properties, the plaintiffs took over possession and got the revenue records mutated to their names. In the month of November 2006, some persons said to be officials of 8th defendant bank came near 'C' schedule property and attempted to dispossess the plaintiffs claiming that the properties had stood mortgaged to 8th defendant bank. They got issued a legal notice to the bank requiring to furnish the details of mortgage, but the bank did not respond to the notice. On further enquiry into the matter, they came to know about order passed by IX Additional Chief Metropolitan Magistrate under Section 13(4)(a) r/w Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('Act' for short) in C.Misc.No.1690/2010. Therefore, they instituted the suit.

(3.) The defendants 9 and 10 made an application under Order 7 Rule 11(d) of Civil Procedure Code seeking rejection of plaint contending that suit was not maintainable in view of Section 34 of the Act. The trial Court allowed the application and rejected the plaint. Hence, this appeal.