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2006 Supreme(Online)(Kar) 3

KARNATAKA HIGH COURT
V. Gopala Gowda, Ashok B. Hinchigiri, JJ.
Krishna v. Kedarnath and Others


1. These two appeals are filed against the orders dated 10-1-2005 passed by the trial Court on I.A. II filed by the UCO Bank under O. VII, R. 11, C.P.C. rejecting the plaints holding that the suits are barred under Cl. (d). The rejection of plaints amounts to decrees and, therefore, appeals are filed.

2. The facts and question of law involved in both the appeals are common and hence they are heard together and disposed of by this common judgement.

3. The brief facts leading to these appeals are that, UCO Bank has given loan by mortgaging some properties. Since default was committed by the borrowers in the matter of repayment, the Bank approached the Debt Recovery Tribunal and steps had been taken to sell the mortgaged properties in public auction. At that juncture, the plaintiffs filed the suits for partition for the joint family properties, which also includes the properties mortgaged to the Bank, and obtained status quo order. In those circumstances, the Bank filed I.As. II under O. VII, R. 11(d), C.P.C. requesting to reject the plaints on the ground that suits are barred under S. 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest













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