Megha 3_wp_451_2024.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 451 OF 2024 Sangli urban Co-operative Bank Ltd., Sangli and Anr. ...Petitioners V/s. The State of Maharashtra and Ors. ...Respondents ______________ Mr. Vikram N. Walawalkar with Mr. Amey C. Sawant for the Petitioner. Mr. R.S. Alange with Mr. Ajit V. Alange for Respondent Nos.4 to 11. Ms. A.A. Nadkarni, AGP for Respondent -State. ______________ CORAM: SANDEEP V. MARNE, J. Dated: 9 April 2025. P.C.: 1. At the outset, the learned counsel appearing for the contesting Respondents would submit that Respondent No.8 has passed away. However, his legal representatives are already on record. 2. Petitioner-Bank has challenged order dated 26 October 2023 passed by the Divisional Joint Registrar, Co-operative Societies, Pune, allowing Revision Application No.97 of 2023 filed Page No. 1 of 3 9 April 2025 MEGHA SHREEDHAR PARAB Digitally signed by MEGHA SHREEDHAR PARAB Date: 2025.04.09 20:29:26 +0530 Megha 3_wp_451_2024.docx by the contesting Respondents and setting aside possession notices dated 5 January 2023 and 18 January 2023 in respect of the lands bearing Gut Nos.11/1, 11/2, 12/2 and 12/3 at Nehru Nagar (said lands). 3. It is the contention of the contesting Respondents that the said lands were not mortgaged and that the Petitioner -Bank was not taking any action in respect of the mortgaged lands and was running after the said lands, which were never mortgaged by them. 4. During the course of hearing of the present Petition, the learned counsel appearing for the contesting Respondents has shown willingness to offer possession of all the mortgaged lands to the Petitioner-Bank. The details of the mortgaged lands are as under :- Sr. No. Date of Recovery Certificate Recovery Certificate Number Mortgated Property at Akkalkot, Dis Solapur (Village Dahitne, except Serial No.7) Area Page No. of WP 1. 15/07/2021 Sangli Urban Bank/Section 101/326/2021-22 Gat No.72/2/B/1 --------------- Gat No.74 3H11R+PK 30R ------------ 2H 82 R +PK 0 26 2. 15/07/2021 Sangli Urban Bank/Section 101/325/2021-22 Gat No.10/2 2H 07 R+PK 76R 34 3. 15/07/2021 Sangli Urban Bank/Section 101/327/2021-22 Gat No.51/2 Gat No. 72/2/B/1 Gat No.15/3 Gat No.31/2/B Gat No.50/4 1 H 25 R 3 H 12 R 0 H 87 R 2 H 48 R 0 H 83.60 R 44 4. 15/07/2021 Sangli Urban Gat No.6/3/B/2 2 H 00 R 58 Page No. 2 of 3 9 April 2025 Megha 3_wp_451_2024.docx Bank/Section 101/328/2021-22 5. 15/07/2021 Sangli Urban Bank/Section 101/329/2021-22 Gat No.6/2/B 1 H 86 R+PK 15 R 50 6. 15/07/2021 Sangli Urban Bank/Section 101/330/2021-22 Gat No.257/2 Gat No.38/3 Gat No.53 Gat No.55/2 2 H 80 R + PK 40R ------------ 0 H 90 R+ PK 10 R ----------- 0 H 58 R ___________ 0 H 31 R + PK 14 R 38 7. 15/07/2021 Sangli Urban Bank/Section 101/331/2021-22 Gat No.113/3/D at Village Sangvi-Budruk. 1 H 95 R + PK 9 R 56 5. The learned counsel appearing for the contesting Respondents, on taking instructions makes a statement that the contesting Respondents shall not raise any objection about sale of the above mortgaged lands and shall handover vacant and peaceful possession thereof to the Petitioner-Bank forthwith. Statement accepted as an undertaking given to this Court. 6. Since Petitioner -Bank would be in a position to recover the loan amount alongwith interest by sale of the mortgaged lands, nothing remains to be adjudicated in the present Petition. Recording the statement made on behalf of the contesting Respondents, Petition is accordingly disposed of. [SANDEEP V. MARNE, J.] Page No. 3 of 3 9 April 2025