Smt. Thimmani Shoba Rani v. M/S. Lic Housing Finance Ltd.

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION NO.3071 OF 2017

O R D E R

(Per Hon'ble Sri Justice Sanjay Kumar) This writ petition was filed assailing the action of the LIC Housing Finance Limited in taking possession of the petitioner's property which was offered as security. This property was purchased by the petitioner from respondents 2 and 3 who had mortgaged it with the LIC Housing Finance Limited. Upon the default committed by respondents 2 and 3, the LIC Housing Finance Limited initiated measures under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Aggrieved thereby, the petitioner filed this writ petition but no interim orders were granted by this Court. While so, Sri Bathula Raj Kiran, learned counsel for the LIC Housing Finance Limited, would inform this Court that the property in question was already put to sale on 29.09.2016 and possession was also delivered to the successful bidder.

This being the fact situation obtaining as on today, the grievance of the petitioner with regard to the LIC Housing Finance Limited taking over possession of the property does not survive for independent consideration. The petitioner would necessarily have to take measures in relation to the subsequent developments. Leaving it open to the petitioner to do so in accordance with law, the writ petition is dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. ______________________ SANJAY KUMAR, J ________________________________ GUDISEVA SHYAM PRASAD, J 12th JUNE, 2017 Svv