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SUREPALLI NANDA
K. Prabhavathi – Appellant
Versus
LIC Housing Finance Limited – Respondent
ORDER :
1. Heard Mr.Praveen Kumar Dubey, the learned counsel appearing on behalf of the petitioner and Mr.Podila Hari Prasad, learned counsel appearing on behalf of the respondent.
2. PRAYER:
“To issue a Writ, Order or Direction more particularly one in the Nature of Writ of Mandamus declaring the action of the Respondent bank in not receiving the balance sale consideration amount paid by petitioner, as arbitrary, illegal, unjust and in violation of the Petitioner’s fundamental Rights guaranteed under Article 300-A of Constitution of India.”
3. PERUSED THE RECORD:
“No representation for the respondent.
The petitioner claims to be the absolute owner of house bearing H.No. 4-49-128/11/B, on Plot No. 20A/Part (East Side Portion) admeasuring 106.875 Sq.yards with a plinth area of 660 sq. feet in Sy.No. 125, Kalpana Housing Society, Quthubullapur Village, Quthubullapur Mandal and Municipality, Ranga Reddy District, having purchased the same in Court auction vide sale certificate issued by the Senior Civil Judge, Medchal, by depositing
The court established that adherence to statutory processes for property sale was observed, and petitioners failed to pursue available legal remedies, justifying dismissal.
A person who has no right, title, or interest in a property cannot challenge the sale of that property under the SARFAESI Act, 2002.
Mandatory compliance with procedural requirements under the SARFAESI Act is essential; failure to adhere prejudices borrowers' rights and invalidates auction proceedings.
Mortgage - Auction sale of immovable property - Challenged - Auction sale of said Property conclusion of same in favour of Respondents. 3 and 3A and issuance of Sale Certificate are void and legally ....
The main legal point established in the judgment is the maintainability of a writ petition under Article 226 despite the availability of an alternative remedy, based on the peculiar facts of the case....
Writ court directs SARFAESI auction sale registration despite delays, relegates possession and property disputes to civil court.
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