BHARAT SINGH PATEL Vs. ANTAR SINGH GOUR

JUDGEMENT

(1.) The petitioners have preferred this petition under Article 227 of the Constitution of India being crestfallen by the order dtd. 16/8/2022 passed in RCS A No. 900/2022 passed by learned 22nd District Judge, District Indore.

(2.) In short, the case of the appellants is that the petitioners are the original plaintiff Nos. 1 & 2 in the suit. The respondent Nos. 1 to 10 are the original defendants before the learned trial Court. The petitioners have filed the suit bearing RCS A No. 900/2022 for declaration and injunction. Respondent No. 1 was the registered owner of lands bearing No. survey No. 61/1 admeasuring area 0.203 hectare, survey No. 64/1 admeasuring area 1.132 hectare situated at Platwari Halka No. 20, New No. 41, Depalpur District Indore. Respondent No. 1 has executed registered sale deed dtd. 6/11/2015 in favour of respondent No. 2. Thereafter, the petitioner have purchased the suit property from respondent No. 2 through registered sale deed dtd. 30/3/2019. The names of petitioners were mutated in revenue records.

(3.) It is further submitted that on 27/2/2021, first time 4-5 people came to the land of the petitioners and have conveyed that the respondent No. 6 and 7 are selling the said property. When the petitioners have visited the bank, it was told to the petitioners that respondent No. 1 had mortgaged the said property with bank. When the petitioner has made the representation wherein it was mentioned that the fraud has been committed by the respondents, the respondent/bank on 27/3/2021 sold the property and have executed the registered sale deed in favour of respondent No. 5. Mentioning all the facts and circumstances, petitioners have filed a Civil Suit No. RCS A 900/2022. During pendency of the suit, respondent No. 5 has further sold the property to respondent No. 9 & 10. Respondent No. 6 & 7 have filed an application under Order VII Rule 11 of CPC. Learned trial Court vide impugned order dtd. 16/8/2022, has wrongly allowed the application partly and directed the petitioners to delete the relief and averment which relates to cancellation of sale deed on the ground that the said avernments barred in view of provision of Sec. 34 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (In short "the SARFESI Act, 2002").