Heard the submissions made on either side.

2. The plaintiff filed a suit for permanent injunction restraining defendants 4 and 5, the Punjab Nationalized Bank, who being the secured creditor, initiated recovery proceedings under the Securitisation and Reconstruction of Financial Assests and Enforcement of Security Interest Act, 2002 (herein after referred to as SARFAESI Act) not to auction the suit properties till the rights of the parties are finally decided. The suit is also filed by the plaintiff for the relief of partition as against his father, brother and sister who have been arrayed as D1 to D3.

3. The application filed by the plaintiff, seeking a prayer for interim injunction restraining the Punjab National Bank from auctioning the suit properties was negatived by the Trial Court. The appeal preferred by the plaintiff as against the said order passed by the Trial Court also met the same fate.

4. The fourth and fifth defendants got the suit properties mortgaged in their favour by the first and second defendants, after verifying the fact that the properties were purchased by the first defendant wayback in the year 1966 and 1974 and the remaining portion of the prop