The 4th respondent is the son of the petitioner. He mortgaged a property over which according to the petitioner, she has life interest. It is also her case that the mortgage was without her knowledge or consent. In any case, on account of the default committed by the 4th respondent, revenue recovery proceedings were initiated at the instance of the 2nd respondent Bank and it is therefore this writ petition has been filed. However, the case of the 2nd respondent Bank is that the mortgage was created with the consent of the petitioner and therefore the petitioner cannot resist the recovery proceedings.
2. In this writ petition, it is unnecessary for this Court to deal with the disputed question whether the mortgage was created with the consent of the petitioner or not. Suffice it to say that, if the petitioner has any life interest over the property and the mortgage was created without her consent, any coercive action initiated against the property of the petitioner will be WPC.No.30641/12 :2 : subject to the life interest the petitioner claims to have.
Clarifying the position as above, the writ petition is disposed of.
ANTONY DOMINIC, JUDGE Rp