ORDER :

1. Present applicant preferred Special Civil Application No.18299 of 2017 before this Court to restrain respondent No.4-original petitioner (“the bank” for short) from taking any recovery action against mortgaged property, wherein, by order dated 28.09.2018, the applicant withdrew the application with a liberty to approach the Debt Recovery Tribunal (“the DRT”). The order dated 28.09.2018 deserves reproduction as under :-

“Learned advocate Ms. Meena Vyas for the petitioner seeks permission to withdraw present petition with a liberty to approach learned DRT. Permission is granted. The petition stands dismissed as withdrawn with above liberty. Notice discharged. Registry is directed to return a sum of Rs.2 lakh deposited by the petitioner by way of Account Payee Cheque on proper verification.”

2. The bank has filed Special Criminal Application No. 9594 of 2018, wherein it has sought police protection for taking physical possession of the property that was in occupancy of the applicant. The bank being third party bona fide purchaser, the applicant made submissions before thi