KASTURI DEVI JAIN Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) Learned counsel for the petitioner submits that the respondent No. 1-Union Bank of India filed a civil suit before Fourth Additional District Judge, Morena for recovery of term loan. The said suit was decreed in favour of the Bank with direction to the present petitioner to pay Rs.4,57,543/- within six months along with interest @ 17.35% per annum. It is further directed that if the aforesaid amount is not paid, the mortgaged property can be auctioned and a final decree can be passed in this regard. This document is filed as Annexure P-l.

(2.) Admittedly, the petitioner and respondents No. 3 and 4 have not paid the said amount and, therefore, the respondent No. 1-Bank preferred an application under Order 21 Rule 11 of Civil Procedure Code, which was allowed by order dated 13-4-2006 (Annexure P/2) and the Bank was permitted to auction the property.

(3.) Against the order (Annexure P-2) a Civil Revision No. 105/2006 was filed by the petitioner before this Court and this Court vide order (Annexure P/3) dated 22-4-2010 quashed and set aside the preliminary decree/order dated 6-5-2006. The relevant portion of the order passed by this Court reads as under :-