SUBHASH BHIMASHANKAR KALASE Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS batch of appeals is directed against the order dated 30th April 2003 passed below Ex. 12 in Spl. Civil suit No. 274 of 2002, by the Joint Civil Judge, SD, solapur, whereby objections preferred by the appe. llant/3rd party; objecting to the attachment of their property under Order 38 Rule 3 of the Civil procedure Code (the "c. P. C. " for short) were rejected. FACTUAL MATRIX:

(2.) THE factual matrix lies in narrow; compass. The state Bank of India, respondent No. 1, -original plaintiff ("the plaintiff" for short) made available various financial facilities to respondent no. 2-original defendant No. 1, ("the borrower" for short) Respondent- No. 3-original defendant No. 2 ("the guarantor" for short) guaranteed repayment of the various financial facilities availed by the borrower

(3.) THE amount of various loan facilities were made available by the plaintiff-Bank to the defendant No. 1 against security of his own immovable property bearing sub-plot No. 82, F. P. No. 26, Survey No. 156-A along with structure standing thereon and also against the security of immovable property of the guarantor bearing CTS No. 10430 F. P. No. 21/52, TPS; 1, solapur. The said properties were equitably mortgaged, in favor of the Bank, by the defendants to secure various loan facilities made available by the plaintiff- Bank.