JUDGMENT

RANJAN GOGOI, J.

CIVIL APPEAL @ SLP(C) NO.32885/2016

1. Leave granted.

2. We have heard the learned counsels for the parties. We have perused the impugned order of the High Court and have also considered the facts of the case.

3. The challenge in this appeal is to an order dated 24th August, 2016 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in Writ Petition (Civil) No.12879 of 2016 by which the High Court has set aside the sale proceedings held in respect of the house property of the respondent No.1 and the sale certificate dated 15th March, 2016 issued in favour of the auction purchaser.

4. The High Court took the view that though the mortgage was created by deposit of title deeds there was a letter of the mortgagor to the appellant-State Bank of India on 28th May, 2011 whereby the mortgagor had waived his rights under Section 61, 65A and 67A of the Transfer of Property Act, 1882. Relying on a decision of this Court in Veeramachineni Gangadhara Rao v. The Andhra Bank Ltd. And Ors . (1971) 1 SCC 874) the High Court took the view that the waiver of the rights made by the mortgagor amounts to a contract and unless t