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2017 DIGILAW 337 (KAR)

R. Muraliprasad, S/o M. Rajaprasad v. State Bank of Mysore

2017-02-06

A.S.BOPANNA

body2017
ORDER : The petitioner is before this Court seeking issue of mandamus to direct the respondent No.1 not to take physical possession of the petition schedule premises. 2. The petitioner claims that he is the tenant in possession of the petition schedule premises under the lease agreement dated 21.11.2011. It is in that light the petitioner is seeking to protect the possession. 3. The respondents have filed their objection statement disputing the claim of the petitioner and contending that no right could be claimed by the petitioner by relying on a document which is subsequent to the date of sanction of the loan. 4. In the light of the rival contentions, in the usual course if the petitioner is to assert the position that he is a bona-fide lessee and he is to protect possession, in view of the introduction of Sub-Section (4A) to Section 17 of the SARFAESI Act, the petitioner would have to avail the remedy of appeal. Hence, the instant writ petition in any event would not be maintainable. 5. Be that as it may, the learned counsel for the petitioner, on the last date of hearing had submitted that the petitioner would vacate from the petition schedule premises if three months time is granted to vacate. Though it was adjourned for the purpose of filing an undertaking and no undertaking is filed as on today, the benefit of voluntarily vacating within the period of three months is allowed to the petitioner. But if the petitioner has any legal contention, the petitioner may avail the remedy of appeal, if not the petitioner is entitled to vacate the petition schedule premises on expiry of the period of three months. Accordingly petition stands disposed of.