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2017 Supreme(Mad) 2445

S.MANIKUMAR, V.BHAVANI SUBBAROYAN
Shalini Pai – Appellant
Versus
State Bank of Mysore, Kottarechowki Branch – Respondent


Advocates Appeared:
For the Petitioners: Mr. E. Venkatesh Banu
For the Respondents: Mr. G. Senthilkumar, Mr. S. Sethuraman

ORDER :

S. MANIKUMAR, J.

1. Writ petitioners have contended that after verifying the encumbrance from the Sub Registrar’s Office, within whose jurisdiction, the subject property is situate, and the Registrar of Companies, they purchased the property on 05.12.2008. Petitioners have further contended that when they received a notice in O.A.No.611 of 2009, from the Debts Recovery Tribunal, Karnataka at Bangalore, they came to know that respondents 2 to 6 herein, had availed loan from State Bank of Mysore, Kottarechowki Branch, Mangalore, Karnataka, the 1st respondent. Petitioners have also contended that respondents 2 to 6 herein, had never whispered about the mortgage over the subject property, executed in favour of State Bank of Mysore, Kottarechowki Branch, Mangalore, Karnataka, the 1st respondent.

2. Though writ petitioners opposed the prayer sought for, in OA No.611 of 2009, by furnishing documents, in support of the contention that they were bonafide purchasers, the Debts Recovery Tribunal, Bangalore vide order dated 30.12.2013, allowed O.A.No.611 of 2009 and ordered as follo


















































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