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2021 Supreme(Online)(Guj) 3602

GUJARAT HIGH COURT
MANISHA RAHUL BRAHMBHATT – Appellant
Versus
BANK OF BARODA – Respondent


ORAL JUDGMENT

1. Heard learned advocate Mr. Hitendra Rajput for the petitioner and learned advocate Mr.

Rituraj Meena for the respondent-Bank.

2. Rule returnable forthwith. Learned advocate Mr. Meena waives service of notice of rule on behalf of the respondent-Bank.

3. Having regard to the controversy in a narrow compass and with the consent of the learned advocates of the respective parties, the matter is taken-up for hearing today.

4. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

“(A) YOUR LORDSHIP may allow this writ petition by issuing the writ of Certiorari and/or any other appropriate writ/direction or order and direct the respondent bank to issue No Due Certificate in favour of petitioner and also direct to handover the original title documents of the property in question immediately and forthwith.

(B) YOUR LORDSHIP may allow this writ petition by issuing the writ of Certiorari and/or any other appropriate writ/direction or order and direct the respondent bank to execute the release deed for the property being ALL THAT PIECE AND PARCEL OF THE IMMOVABLE PROPERTY BEING FLAT NO. 605, BLOCK -D, ADM. 88.63 SQ.MTRS.

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