Sujitha .G v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2023 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN and W.M.P(MD)Nos.15785 and 15786 of 2023 G.Sujitha ... Petitioner Vs.

1.The Authorized Officer, Indian Bank, Zonal Office, Tirunelveli.

2.The Branch Manager, Indian Bank, Marthandam Branch, Kanniyakumari District.

3.G.Praksh Kumar 4.Mrs.J.Pushpam ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the Crl.M.P.No.9738 of 2023 dated 19.07.2023 on the file of the learned Chief Judicial Magistrate Court, Kanniyakumari at Nagercoil

and quash the same, insofar as it relates to item 3 to 6 of the schedule mentioned properties therein.

For Petitioner : Mr.VMeenakshi Sundaram for Mr.G.Mohankumar For R1 : Mr.B.Rajesh Saravanan For R-2 to R-4 : No Appearance

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard the learned counsel for the petitioner and the learned counsel for the respondent bank.

2. The contention of the petitioner is that the mortgage was executed by the bank in respect of the assets on the basis of a registered Will. The said registered Will was already cancelled before the death of the testator.

3. The learned counsel for the petitioner submits that the petitioner is the sister of the one who had mortgaged the property on the basis of a registered Will.

4. The learned counsel for the bank accepts about the registered document of cancellation of Will.

5. The suit for partition is pending. The document in question relates to Item Nos.3 to 6 of the notice issued under Section 14 of the SARFAESI Act, 2002. It is accepted that the respondent bank would await the decision of the partition suit and thereafter only would take decision with regard to the properties in Item Nos.3 to 6 of the notice under Section 14 of the SARFAESI Act, 2002.

6. In light of that, the respondent bank may proceed with regard all the properties mentioned in the notice except Item Nos.3 to 6. However, the properties detailed in Item Nos.3 to 6 can be dealt with in tune with the judgment of the civil Court.

7. The writ petition is disposed of accordingly. No Costs. Consequently, connected miscellaneous petitions are closed. [S.V.G., C.J.] [K.K.R.K, J.] 29.11.2023 Index : Yes / No PM

To:

The Chief Judicial Magistrate Court, Kanniyakumari at Nagercoil.

THE HONOURABLE CHIEF JUSTICE and K.K. RAMAKRISHNAN , J.

PM 29.11.2023