JUDGMENT :

A.S. DOCTOR, J.

1. The present Writ Petition, impugns:

(i) an order dated 9th February, 2017 (“the Impugned Order”) passed by Respondent No. 2 (the District Magistrate, Thane) under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and

(ii) two notices dated 27th March, 2017 (“the first impugned notice”) and 9th February, 2021 (“the second impugned notice”) both issued by Respondent No. 4 (Tahsildar/Executive Magistrate, Thane District).

By the impugned order, Respondent No. 2 has directed Respondent No. 4 to take possession inter-alia of flat numbers 201 and 301 in the Harbansh Apartment Building, situated, at Shirvane Village, Nerul, Navi Mumbai, Taluka and District Thane (“the said flats”). By the impugned notices Respondent No. 4 has called upon Petitioner to hand over possession of the said flats failing which Respondent No. 4 would take forcible possession of the same.

A Brief Overview

2. The facts of the present case lie within a very narrow compass. Petitioner claims ownership and possession of the said flats. Conversely Respondent No. 5 claims that the said flats were mortgaged by one Y