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S.S.SUNDAR, S.SRIMATHY
A. Mohamed Bowmi – Appellant
Versus
Chief Judicial Magistrate – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Y. Prakash, Advocate
For the Respondents: Mr. M.S. Murali for M/s. R & P Partners

ORDER (COMMON)

S.S. Sundar, J.—These writ petitions are filed to quash the order, dated 04.07.2022, passed by the Chief Judicial Magistrate, Dindigul in Cr.M.P.No.6484 of 2022 in the application filed by the second respondent bank under Section 14 of the SARFAESI Act.

2. The petitioners in all these writ petitions claimed that they are tenants under the fourth respondent mortgagor in respect of small portions of the commercial building in Plot No.1/49 of Kasimali Nagar, Vathalagundu Road, Dindigul Town.

3. It is not in dispute that the fourth respondent in the writ petitions is the absolute owner of the entire commercial building consisting of several shops which were taken on lease by the petitioners. The fact that the petitioners in these writ petitions have taken the building on lease long back is not disputed. It is admitted that the commercial building was the subject matter of mortgage created by the fourth respondent in favour of the second respondent on 11.02.2021.

4. It is the specific case of the petitioners in these writ petitions that the petitioners were inducted as tenants long before the mortgage. The second respondent bank initiated proceedings against the fourth re

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