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2012 Supreme(AP) 803

PINAKI CHANDRA GHOSE, VILAS V.AFZULPURKAR
Sajida Begum – Appellant
Versus
State Bank of India, SARC Nampally, Hyderabad, Rep. by its authorized officer – Respondent


Advocates appeared:
For the Petitioner:T.C. Krishnan, Advocate.
For the Respondent:Ambadipudi Satyanarayana, Advocate.

Judgment :-

Vilas V. Afzulpurkar, J.

Petitioner herein has challenged the order dated 04.05.2012 passed by the Debts Recovery Appellate Tribunal (DRAT), Chennai dismissing the application filed by the petitioner, being I.A.No.1654 of 2010 in AIR(SA).No.1012 of 2010.

2. The aforesaid appeal and the interlocutory application were preferred before DRAT against order of the Debts Recovery Tribunal-II (DRT), Hyderabad in S.A.No.142 of 2010 dated 27.08.2010. In the said appeal before DRT, the petitioner had questioned the possession taken over by the respondents with regard to the secured asset i.e. house bearing No.18-12-419/941/A/1 situated at Hafez Baba Nagar, Kanchan Bagh, Hyderabad. Petitioner asserts that she is the absolute owner and possessor of the said house property by virtue of a registered gift deed dated 27.02.2009 executed by her husband, Mohd. Nazeer Khan, whereas the respondent bank asserts that it is a secured asset, which was mortgaged by Smt Khaiser Begum by depositing the registered Gift Deed dated 04.02.1995 executed by her husband Mohammed Arif Khan and the said mortgage was created in favour of the respondent bank on 14.11.1995 by virtue of term loan and working c






















































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