2025:UHC:5616 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 02nd JULY, 2025 CIVIL REVISION NO.41 of 2023 State Bank of India ..…Revisionist Versus Sudhir Lodhi and Others ..…Respondents Counsel for the Revisionist : Mr. Ashish Joshi, Advocate through video conferencing. Counsel for the : Mr. Bhuwan Bhatt, Respondent No.1-plaintiff Advocate. Hon’ble Alok Kumar Verma,J. The respondent no.1-plaintiff filed an Original Suit (Original Suit No.234 of 2021, “Sudhir Lodhi Vs. Smt. Bobby Gurung alias Smt. Babita Gurung and Others”) before the trial court regarding the suit property Khata Khatauni No.373 (1426 to 1431 Fasli) 10 “Kha” area 250 square meters situated at Mauza Chandramani Khalsa, Pargana Pachhawa Doon, District Dehradun. The boundary of the suit property has been disclosed in the plaint. The respondent no.1-plaintiff has sought relief of perpetual injunction against the revisionist-defendant no.3. 1 2025:UHC:5616 2. Present Revision has been filed under Section 115 of the Code of Civil Procedure, 1908 against the order dated 22.02.2023, passed by learned VIIth Additional Senior Civil Judge, Dehradun in the said original suit, by which, the Application, filed by the revisionist–defendant no.3 under Order VII Rule 11(d) CPC, has been dismissed. 3. A supplementary affidavit dated 29.03.2025, filed by the revisionist and the additional affidavit dated 11.09.2024, filed by the respondent no.1, are taken on record. 4. Heard Mr. Ashish Joshi, learned counsel (through video conferencing) for revisionist and Mr. Bhuwan Bhatt, learned counsel for respondent no.1. 5. Mr. Ashish Joshi, Advocate, submitted that one Ved Prakash Bharti and Smt. Durga Bharti took three Term loan(s) (Housing loan) from Rajpur Road Branch of the revisionist and also created a mortgage by way of deposit of title deeds creating security interest in favour of the revisionist over the property bearing Khata No.240 (Fasli year 1420-1425), Khasra No.157 Ga, measuring 412 square meters, situated at Mauza Chandramani Khalsa, Pargana Pachhawa Doon, Dehradun. 2 2025:UHC:5616 6. Mr. Ashish Joshi, Advocate, further submitted that the revisionist bank initiated the proceedings under the Securitisation And Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002 and sent a demand notice of Rs.56,19,202.00 dated 14.11.2019 to Smt. Durga Bharti. The property was put on auction and auction notice was issued on 05.04.2021. The revisionist Bank had sought permission from the District Magistrate, Dehradun to take physical possession. The District Magistrate granted permission vide order dated 23.10.2020. The physical possession of the property was taken on 20.03.2021. 7. Mr. Bhuwan Bhatt, Advocate, on the other hand, submitted that the respondent no.1 is the owner of the suit property. Respondent no.1–plaintiff has no concern with the land mentioned in the auction notice, bearing Khasra No. 157 Ga, area 412 square meters, situated at Mauza Chandramani Khalsa, Pargana Pachhawa Doon, Dehradun. 8. On the request of both the parties, the present Revision (CLR No.41 of 2023) is being disposed of with a direction that the revisionist–defendant no.3 will be free to conduct auction proceedings only in 3 2025:UHC:5616 relation to the property mentioned in the auction notice. The revisionist–defendant no.3 will not include any other property in the auction proceedings besides the property mentioned in the auction notice. ___________________ ALOK KUMAR VERMA, J. Dt:02.07.2025 Neha 4 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f 014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44C A9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.07.02 19:26:14 +05'30'