SUDHIRA DAS VERMA Vs. BANK OF BARODA, BHUBANESWAR

JUDGEMENT

(1.) Petitioner in this application has challenged the order dated 2-11-2012 passed by learned District Judge, Puri in FAO No. 17 of 2012 wherein the appellate Court allowed the appeal by setting aside the order dated 6-1-2012 passed by learned Civil Judge (Sr. Divn.), Puri in interim Application No. 255 of 2011 arising out of C.S. No. 505 of 2011 directing the opposite party-bank not to make auction of the suit property till disposal of the suit.

(2.) The facts leading to the present case are as follows :-

(3.) The case of the petitioner is that she is the owner in possession of the property and at no point of time she has transferred or mortgaged or leased out or made any agreement with any body. Plaintiff has specifically also pleaded that the she is the owner in possession of the property and is continuing as such. She has no knowledge about any Shyama Sundar Choudhury or M/s. Oriental Trading Exports. Bank has suppressed the identity or any details of the transaction in which the suit property became security and also avoiding to disclose anything to the plaintiff. Plaintiff has not deal with the bank at any point of time nor has created any encumbrance or agreement hence, the defendant bank is party to a great fraud and cheating in giving public notice under the aforesaid act for transfer of the land which casts a cloud on the right of the plaintiff. Finding no other way plaintiff filed the suit to restrain the defendant-bank from perpetrating further fraud and illegal action by creating sale deed in respect of the suit property or creating any encumbrance with regard to the said property and disturb the possession of the plaintiff. In the said suit plaintiff has also filed an application under Order 39, Rules 1 & 2 of the Code of Civil Procedure which was registered as interim Application No. 255 of 2011.