Khudbuddin Hussen Mullani Since Decd. Thr Legal Heirs And ANR v. The State Of Maharashtra Thr Revenue Dept. And ORS

93-WP-7558-2025 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7558 OF 2025 Khudbuddin Hussen Mullani Since Decd. Thr Legal Heirs And Anr

...Petitioners

VERSUS

The State of Maharashtra Through Revenue Dept. And Ors.

...Respondents

....

Mr. Suryajeet P. Chavan, Advocate for the Petitioners. Mr. V. G. Badgujar, AGP for the Respondent - State. ....

CORAM

:

M. S. KARNIK & N. R. BORKAR, JJ.

DATE :

16th JUNE, 2025 P.C.

:

1.

Heard the learned counsel for the petitioners. 2.

The petitioners seeks reliefs for directing the respondednts to quash and set aside the possession notice dated 10.02.2025 and further to restrain the respondents from taking possession of the subject property, pursuant to Sections 13(4) and 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act".

3.

The petitioners have an alternate efficacious remedy to Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.06.17 19:41:29 +0530 SAJAKALI LIYAKAT JAMADAR approach the Debt Recovery Tribunal ("DRT" for short) , however, Sajakali Jamadar

93-WP-7558-2025 (C).doc the DRT was not available. Now the DRT is available. The learned counsel for the petitioners therefore, seeks leave to withdraw the present petition with liberty to approach the DRT. 4.

Liberty to approach DRT. The petition is disposed of as withdrawn with liberty as prayed for. However, in the interest of justice, the respondents are restrained from taking possession of the subject property pursuant to notice dated 10.02.2025 issued by respondent No.4 for a period of two weeks from today. 5.

If the petitioners approaches the DRT, the DRT shall consider the prayers for interim reliefs on it's own merits and in accordance with law.

6.

All contention are kept open.

(N. R. BORKAR, J.) (M. S. KARNIK, J.) Sajakali Jamadar