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2012 Supreme(Bom) 1290

R.M.BORDE
Devgiri Nagari Sahakari Bank Ltd. – Appellant
Versus
Zubidabegum – Respondent


Advocates appeared:
For the Petitioners:S.V. Natu, h/f. A.R. Joshi, Advocates.
For the Respondents:R1, B.N. Patil, R2, Rahul Joshi, Advocates, R3, None present, though served.

Judgment :

1. Rule. With the consent of the parties, the Revision Application is taken up for final hearing. Heard both sides.

2. The respondents-plaintiffs instituted a suit against the petitioner-bank and the Special Recovery Officer, so also against the original defendants 3 and 4, claiming a declaration that the attachment of land belonging to the plaintiff to the extent of 4 H out of land gut no.59 of village Jambhali, Tq.Paithan, Dist. Aurangabad, owned and possessed by the plaintiff, is null and void and subsequent sale in favour of defendant no.3 is also null and void and not binding on the plaintiff. The plaintiff also claims a decree of recovery of possession of 4H of land of gut no.59. It is the contention of the plaintiff that she is the owner of the property. She is neither a borrower nor a guarantor in respect of the transaction allegedly entered into by M/s. Iceberg Refrigeration Company with petitioner-bank. The property belonging to the plaintiff has been attached and sold for effecting recovery of dues payable by M/s. Iceberg Refrigeration Company. The property in dispute has already been sold, which was put to auction and the same is purchased by respondent no.3.














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