CHANDRACHUD D.Y. (Dr.), J.: - Rule, by consent of Counsel returnable forthwith.

Counsel appearing on behalf of the respondents waive service. By consent of Counsel and at their request taken up for hearing and final disposal.

2. The petitioner owns a plot of land at Santacruz Plot No. 52/1, 5th Road, TPS-III, Golibar, Santacruz (East), Mumbai - 400 055, on which there is a building consisting of a ground floor, two storeys and two garages. The petitioner has a residential flat admeasuring 2435 sq.ft. therein. Apart from the residential flat of the petitioner, the building is in the occupation of eight tenants. Until the petitioner and his family came to be dispossessed, the residential flat was occupied by the petitioner, his wife and son. The property was held jointly by the petitioner with his father. The petitioners father expired in September 2005, leaving behind his last Will and testament, by which the right, title and interest is bequeathed to the petitioner.

3. On 20th July, 2001, the petitioner availed of an Over Draft Facility in the amount of Rs. 25 lakhs from the first respondent against a mortgage of the aforesaid immovable property. The first respondent moved the Assista

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