IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI

1.S.Sunil Kumar Doshi,

S/o.(Late) Sajjanraj Doshi 2.S.Rajesh Kumar Doshi,

S/o. (Late) Sajjanraj Doshi

3.S.Lalith Kumar Doshi,

S/o.(Late) Sajjanraj Doshi

Petitioner(s)

Vs

1.State Bank of India,

Represented by its Asst. General Manager, State Bank Buildings,

1^st Floor, No.157,

Anna Salai, Chennai – 600 002.

2.State Bank of India,

Represented by its Chief Manager,

RACPC, MRC Nagar,

Chennai – 600 028.

3.Mr.S.Mahendar Kumar Doshi,

S/o.(Late) Sajjanraj Doshi.

Respondent(s)

PRAYER

This Writ Petition has been filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 and 2 to consider

the representation dated 29.08.2025 and direct them to handover the original sale deed registered as Document No.67 of 2009 dated 30.01.2009 and all other title deeds in respect of our property bearing Door No.6, Murugappan Street, V.O.C. Nagar, Sowcarpet, Chennai – 600 079 submitted under the Housing Loan Account No.30770109155.

For Petitioner: Mr.M.Arvind Kumar For Respondents: Mr.M.L.Ganesh, for R1 and R2

ORDER

This petition has been filed seeking for a direction to the respondents 1 and 2 to consider the representation dated 29.08.2025 and direct them to handover the original sale deed registered as Document No.67 of 2009 dated 30.01.2009 and all other title deeds in respect of our property bearing Door No.6, Murugappan Street, V.O.C. Nagar, Sowcarpet, Chennai – 600 079 submitted under the Housing Loan Account No.30770109155.

2.The case of the petitioners is that the petitioners, who are brothers, obtained a property loan from the respondent bank vide SBI Housing Loan Account No.30770109155 and thereafter, paid the entire loan amount on 15.04.2019 and no dues are payable to the respondent Bank. Thereafter, the petitioners sent registered letters dated 01.09.2025 and 03.09.2025 to the respondents 1 and 2 seeking for return of original sale deed and all other title deeds in respect of their property at Door No.6, Murugappan Street, VOC Nagar, Sowcarpet, Chennai to the petitioners. However, no action has been taken by the respondents till date. Hence, the present Writ Petition.

3. The learned counsel for the petitioners submitted that this Court may direct the respondents 1 and 2 to furnish the original documents to the petitioners after verification of the settlement of the entire loan amount, within a time frame as fixed by this Court.

4.Per contra, the learned counsel for the respondents 1 and 2/Bank submits that admittedly the petitioners 1 to 3 and the fourth respondent are brothers and they jointly obtained a loan by mortgaging the above mentioned property by producing the original title deeds. Therefore, if all the four brothers appeared before the respondent, the documents would be released in their favour, after verifying as to whether the entire loan amount has been repaid. However, earlier one of the brothers viz., the third respondent did not accompany the petitioners to the bank while seeking for return of the original title deeds. Thereby, the original title deed could not be released.

5.Heard both sides and perused the materials available on record. Since no adverse order is passed against the third respondent, notice to the third respondent is dispensed with.

6.Considering the facts and circumstances of the case, the respondents 1 and 2/bank is directed to issue notice to the petitioners and the third respondent and thereafter, to release the original documents in favour of the petitioners and the third respondent and in case, the third respondent does not accompany the petitioners, then to obtain the necessary indemnity bond from the petitioners and to release the original title deeds in their favour. The said exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

7.The writ petition is disposed of accordingly. No costs.

14-11-2025 Tsg Index:Yes/No Speak