(Prayer: This WP is filed under Articles 226 and 227 of the Constitution of India praying to quash the possession notice dated 12.11.2024 at Annexure B and direct the respondent to hand over the original documents deposited with them and etc.,)

Oral Order

1. The present writ petition is filed seeking the following prayer:

          "Therefore, the petitioner respectfully pray that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction and:

          "i. Quash the possession notice dated 12.11.2024 at Annexure B and direct the Respondent to hand over the original documents deposited with them.

          ii. Direct the Respondent to discharge charge/mortgage/lien created in their favour.

          iii. Grant costs of these proceedings; and

          iv. Grant such other order as this Hon'ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity."

2. On 26.03.2025, a Co-ordinate Bench of this court passed an order directing the petitioner to deposit 20% of the amount within six weeks from the date of order. The first chunk of 10% shall be deposited within three weeks and the second chunk of 10% shall be deposited within three weeks. When the matter came up on 03.12.2025, the petitioner handed over a Demand Draft for an amount of Rs.10,00,000/- to the learned counsel appearing for the respondent/Bank. On that day, it was stated that the petitioner would file an affidavit undertaking to pay the remaining amount, and accordingly, the matter was directed to be listed on 08.12.2025. The respondent/Bank has submitted that according to the Bank, after deducting a sum of Rs.10,00,000/-, the outstanding amount is Rs.27,12,150/-.

3. It is stated that the Bank has taken possession of the property and that the family members of the petitioner are presently taking shelter in a friend's house. It is further stated that the petitioner's daughter has given birth to a child and that the petitioner has no alternative accommodation for her and the family.

4. Affidavit is filed stating that the petitioner is ready to clear the loan amount on or before 31.03.2026. It is stated that a sum of Rs.6,00,000/- will be paid on 31.12.2025, a further sum of Rs.9,00,000/- will be paid on or before 28.02.2026, and the remaining balance amount of Rs.12,12,150/- will be paid on or before 31.03.2026. It is also stated that, in the event of any default in payment of the amount, the respondent/Bank shall be at liberty to take possession of the property. It is further stated that, in view of the undertaking filed by the petitioner, possession of the property may be re-delivered to the petitioner.

5. The learned counsel appearing for the respondent/Bank submits that there are four houses involved and that, insofar as the house in which the petitioner is presently residing is concerned, the Bank is ready to re-deliver possession. However, with respect to the other premises, possession shall continue with the Bank.

6. In reply to that, the learned counsel appearing for the petitioner submits that even if the respondent/Bank intends to sell the property, the same cannot be sold independently. It is further submitted that the petitioner has already given an undertaking that, in the event of default in payment of any instalment, the Bank shall be at liberty to take possession of the property. Therefore, a direction may be issued to the Bank for re-delivering the possession of the residential premises.

7. Having heard the learned counsel on either side and perused the material on record. This Court has perused the affidavit that is filed before this Court, wherein he has undertaken to clear the entire outstanding amount by 31.03.2026 as per the payment schedule. Considering the undertaking that is filed and the fact that the property in question is a residential premises, this Court deems it appropriate to pass the following order.

ORDER

          i. The petitioner shall pay a sum of Rs.6,00,000/- on 31.12.2025, an amount of Rs. 9,00,000/- on or before 28.02.2026 and the remaining balancer amount of Rs. 12,12,150/- with applicable interest on or before 31.03.2026.

          ii. In the event of default in payment of any one of the instalments, the respondent/Bank shall be at liberty to take possession of the property and proceed in accordance with law.

          iii. In view of the affidavit filed by the petitioner, the respondent/Bank shall immediately re- deliver possession of the residential premises to the petitioner.

          iv. Accordingly, the writ petition is disposed of. v. All pending IAs, shall stand closed.