Heard the submissions of the learned counsel for the

appellant and learned counsel for the respondents.

The above appeal is filed under Order 43 Rule

1(u) of the Code of Civil Procedure (hereinafter referred to

as 'CPC'), by the appellant who was arrayed as defendant

No.3 before the Trial Court challenging the judgment and

decree dated 10.06.2016 passed in R.A.No.9/2015 by the

Prl. District and Sessions Judge, Raichur.

The parties are referred to as per their rank

before the Trial Court for the sake of convenience.

- 3 -

4.

The plaintiff in O.S.No.305/2008 is a tenant in

respect of the suit property which was admittedly owned

by one Smt.Kalpana, who was arrayed as defendant No.2

in the said suit. It is further not disputed that the

defendant No.2 had obtained a loan from the defendant

No.1-Indian Bank. Since the defendant No.2 was unable to

repay the loan availed from the defendant No.1,

proceedings under the Securitization And Reconstruction

of Financial Assets and Enforcement of Security Interest

Act, 2002 (hereinafter referred to as "SARFASI Act") was

initiated by the defendant No.1-Bank.

5.

Apprehending that he would be dispossessed

from the property in the said SARFASI p