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2015 Supreme(AP) 912

R.SUBHASH REDDY, A.SHANKAR NARAYANA
Mirza Anwar Baig – Appellant
Versus
State Bank of Bikaner & Jaipur, rep. by its Authorised Officer, Mr. B. R. Maghwal – Respondent


Advocates Appeared:
For the Petitioner:Muddu Vijai, Advocate.

ORDER :

R. Subhash Reddy, J.

This Writ Petition is filed seeking to declare the action of respondent No.1 in taking steps to dispossess the petitioner from the property i.e., Flat Nos.G-1 and G-2, admeasuring 2500 Square Feet, at Lacasa Apartments, bearing premises No.8-2-476/4/A/1 situated at Road No.5, Banjara Hills, Hyderabad, as illegal and arbitrary.

2. Petitioner claims to be in possession of the property in question as a tenant by paying rent to respondent No.2, who is its owner. The said property is mortgaged to respondent No.1 – Bank against the loan extended by it. In view of the default committed by the borrower in repaying the loan amount, the Bank has initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the Act') and has filed Crl.MP.No. 4341 of 2014 before the Chief Metropolitan Magistrate, Hyderabad, for taking possession of the property in question and pursuant to the order passed in the said petition, warrant, dated 24.11.2014, was issued for taking possession. In this Writ Petition, it is the claim of the petitioner that he is in possession of the property in question since 2




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