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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 29^TH DAY OF JANUARY 2021

BEFORE

THE HON’BLE MR. JUSTICE P. KRISHNA BHAT

CRP. NO.100081/2018

BETWEEN:

THE MANAGER

REPCO HOME FINANCE LIMITED,

NO.3928/1F/2, FIRST FLOOR,

JAIDEV COMPLEX, SP OFFICE ROAD,

NEAR RTO CIRCLE, BELAGAVI, DIST: BELAGAVI,

REPRESENTED BY ITS MANAGER,

SHRI.SUJAY S/O ASHOK KOTGAR,

AGE: 38 YEARS,

R/O: REPCO HOME FINANCE LTD.,

SANGOLI RAYANNA CIRCLE

OLD PB ROAD, BELAGAVI,

DIST: BELAGAVI.590001.

...PETITIONER

(BY SRI. PRASHANT S. HOSMANI, ADV.)

AND

1 .

PRIYANKA W/O CHETAN AJAREKAR

AGE: 31 YEARS, OCC: HOUSEHOLD WORK,

R/O: CPI BELAVADI BUILDING,

BEHOND HANUMAN MANDIR,

HANUMAN NAGAR, BELAGAVI,

DIST: BELAGAVI.590001

2 .

ASHOK S/O NARAYAN JADHAV

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AGE: 70 YEARS, OCC: AGRICULTURE,

R/O: PLOT NO.80,

SITUATED AT MAHABLESHWAR NAGAR,

BEHIND GANAPATI TEMPLE,

VIJAYANAGAR, HINDALAGA,

BELAGAVI, 590001. TQ & DIST: BELAGAVI.

3 .

GEETA W/O ASHOK JADHAV

AGE: 65 YEARS, OCC: HOUSEHOLD WORK,

R/O: PLOT NO.80,

SITUATED AT MAHABLESHWAR NAGAR,

BEHIND GANAPATI TEMPLE,

VIJAYANAGAR, HINDALAGA,

BELAGAVI, TQ & DIST: BELAGAVI. 590001

4 .

RAHUL S/O ASHOK JADHAV,

AGE: 29 YEARS, OCC: STUDENT,

R/O: PLOT NO.80,

SITUATED AT MAHABLESHWAR NAGAR,

BEHIND GANAPATI TEMPLE,

VIJAYANAGAR, HINDALAGA,

BELAGAVI- 590001, TQ & DIST: BELAGAVI.

…RESPONDENTS

(BY SRI. H.R.DESHPANDE, ADV. FOR R1)

(R2 TO 4-SERVED)

THIS CRP IS FILED U/S 115 OF CPC, 1908, PRAYING TO CALL

FOR THE RECORDS IN O.S.NO.373/2013 ON THE FILE OF THE IV

ADDL. SENIOR CIVIL JUDGE AND JMFC, BELGAVI AND SET ASIDE

THE ORDER DATED 23/6/2018.

THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE

COURT MADE THE FOLLOWING:

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ORDER

This civil revision petition is filed by defendant No.4 in OS

No.373/2013 before the learned Principal Senior Civil Judge and

JMFC, Belgaum, which is a suit for partition.

2. OS No.373/2013 is filed before the learned Principal

Senior Civil Judge and CJM, Belgaum, by respondent No.1

herein against respondent Nos.2 to 4 and subsequently, the

petitioner herein has been impleaded as defendant No.4.

3. It is stated that the plaintiff is the daughter of defendant

Nos.1 and 2. There is no dispute about the fact that the suit

schedule properties in OS No.373/2013 has been offered as

security by defendant Nos.1 to 3 to the petitioner herein in

relation to the loan obtained by them. There is also no dispute

about the fact that the petitioner herein had treated the loan

transaction as a non performing asset and subsequently, on

16/9/2013 had issued a notice under Section 13(2) of the

Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 (hereinafter referred

to as ‘the Act’). On 14/11/2013, respondent No.1 herein who is

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the daughter of respondent Nos.2 and 3 herein has filed the suit

seeking partition in the suit schedule properties which

undisputedly is offered as security to the loan transaction

availed from the petitioner herein.

4. It is submitted that the petitioner herein filed written

statement in the said suit, inter-alia, contending that since the

proceedings under the provisions of the Act have already been

initiated to the issuance of notice under Section 13(2) of the Act,

suit for partition filed in respect of the security offered to the

loan is not maintainable. It is, therefore, fact that the learned

Senior Civil Judge treated it as preliminary issue and after

hearing, he passed an order dated 23/6/2018 holding that the

Court had the jurisdiction to try the suit which is impugned

herein.

5. Learned counsel for the petitioner submits that since the

property, which is subject matter of the suit for partition at the

instance of respondent No.1, is offered as security to the loan

transaction availed by respondents 2 to 4 from the petitioner

and the loan has become non-performi