ANIL KSHETARPAL, J

1. The question which needs determination is “whether a civil suit for declaration, permanent injunction and for separate possession by way of partition with respect to a property which had been mortgaged and proceedings are pending under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(hereinafter referred to as “SARFAESI Act, 2002”) is maintainable in the Civil Court, particularly when the plaintiff is claiming rights in the property which is sought to be taken over and auctioned by the secured creditors as per the provisions of the SARFAESI Act, 2002?”.

2. Learned civil court has dismissed the application filed under Order 7 Rule 11 of the Code of Civil Procedure on the ground that the relief of partition of the joint property has also been sought and no relief has been sought against the bank.

3. Plaintiff-respondent filed a suit claiming that he is owner of 1/8th share in the property bearing No.D-117-A, Phase-V, Focal Point, Ludhiana, which was initially owned by a firm, in which his father was a partner. He claims that the plot in question was allotted to the partnership firm. He further claims