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2023 Supreme(Mad) 3056

V. LAKSHMINARAYANAN
IDBI Bank Rep. by its Manager, V. Gopalakrishnan, Salem – Appellant
Versus
Minor Sri Hari Aadharsh – Respondent


For the Petitioner:K. Balamurali, Shivakumar & Suresh, Advocates. For the Respondents: R1 & R2, N. Suresh, R3 to R7, Not ready in notice regarding.

JUDGMENT

(Prayer: Petition filed under Article 227 of the Constitution of India as against the Fair and Decreetal Order dated 12.06.2018 passed by the learned Principal District Judge, Namakkal, in I.A.No.534 of 2017 in O.S.No.115 of 2017 and consequently, allow the same in the interest of justice, equity and good conscience.)

1. This Civil Revision Petition arises against the Fair and Decreetal Order passed under Order 7 Rule 11(d) of the Code of Civil Procedure by the learned Principal District Judge, Namakkal, in I.A.No.534 of 2017 in O.S.No.115 of 2017.

2. O.S.No.115 of 2017 has been presented for the following reliefs:

3. The suit is one for partition and separate possession. It is the case of the 6th defendant/IDBI Bank, Salem Branch that the defendants 1, 2 and 5 had obtained loan from the petitioner/Bank on 15.11.2016. They failed to repay the dues to the Bank and hence, the said loan was declared as Non Performing Assets. Notice was issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred to as the SARFAESI Act) on 30.12.2016. Inspite of notice sent to the defendants 1, 2 and 5

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