UCO BANK Vs. MANJANA VERMA SAHNI

JUDGEMENT

(1.) By way of this petition, the petitioners have assailed order dtd. 6/4/2022, passed by learned Civil Judge, Court No.1, Solan, District Solan, H.P. in CMA No. 202/6 of 2021, in Civil Suit No. 19/2020, in terms whereof, an application filed by the petitioners herein, under Order VII, Rule 11 of the Civil Procedure Code (hereinafter referred to as 'CPC'), was dismissed.

(2.) The respondent herein has instituted a suit for declaration and for permanent prohibitory injunction as also for mandatory injunction against the present bank and one Amandeep Singh, inter alia, on the ground that the plaintiff is the lawful owner in possession of the property i.e. Flat No.1, situated at Ground Floor, Block 18 Phase II, Housing Board Colony, Saproon, Solan, in terms of a sale deed executed and registered on 11/12/2019. According to the plaintiff, the property was purchased from one Manjeet Singh. The property in question was initially allotted by HIMHUDA to one Smt. Anuradha Mehrotra, who transferred the same subsequently in favour of Manjeet Singh and this was done after seeking due permission from HIMHUDA. After Manjeet Singh became the owner of the property, he sold the same to the plaintiff against consideration. It is further averred in the plaint that the plaintiff was under the bona fide impression that the suit property being free from all type of charges, was transferred in her name as nothing stigmatic appeared to be there and whatever was the charge of ICICI Bank, stood cleared by the plaintiff. Yet now defendants No.1 and 2 are proceeding to take possession of the said property on the basis of some alleged mortgaged documents executed by defendant No.3 Amandeep Singh. It is in this backdrop that the suit has been filed alleging that the bank officials in connivance with Amandeep Singh, had played fraud upon the plaintiff. The reliefs sought in the suit are as under:-

(3.) Written statement to the plaint stands filed by the present petitioners. A counter-claim has also been filed by the petitioners before the learned Trial Court.