Court No. - 39
Case :- WRIT - C No. - 15533 of 2021 Petitioner :- Shravan Kumar Pandey Respondent :- Life Insurance Housing Finance, Jeevan Prakash & An Other Counsel for Petitioner :- Arvind Kumar Mishra Counsel for Respondent :- Pranjal Mehrotra
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
The instant petition has been filed praying for a mandamus commanding respondent No.1, i.e., Life Insurance Housing Finance to return original sale deed and other documents pertaining to LIG House No.35, Awas Vikas, Kasari Masari Phase-I, Pargana and Tehsil Sadar, District Prayagraj to the petitioner.
The petitioner claims that he had purchased said flat from respondent No.2 by a registered sale deed dated 24.05.2018 for a sale consideration of Rs.10 lacs. There was some loan taken by respondent No.2 from Life Insurance Housing Finance and in connection therewith an equitable mortgage was created by deposit of title deeds of the flat in question. The case of the petitioner is that he had deposited the entire loan amount with respondent No.1 and thereafter filed an application on 03.06.2021 for return of title deed and other documents to him but when no heed was paid, the instant petition has been filed.
Sri Pranjal Mehrotra, learned counsel appearing on behalf of respondent No.1 invited the attention of the Court towards a communication by Prayagraj Development Authority dated 25.02.2019 in relation to mutation proceedings. In the said communication, it is noted that a civil suit is pending at the behest of respondent No.2 for cancellation of sale deed in favour of petitioner. It is urged that in such circumstances, it would not be proper for respondent No.1 to return the title deeds to the petitioner.
Learned counsel for the petitioner does not dispute that suit for cancellation of sale deed is pending in Civil Court.
In view of the above admitted fact, we find sufficient force in the submission of learned counsel for respondent No.1.
As the matter is pending in Civil Court, we leave it open to the petitioner to seek appropriate relief in this regard also from the civil suit or take recourse of such other legal proceedings, as may be advised.
The petition stands disposed off accordingly.
Order Date :- 21.9.2021 Nitin Verma (Deepak Verma, J.) (Manoj Kumar Gupta, J.) Digitally signed by Manoj Kumar Gupta Date: 2021.09.21 18:17:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Deepak Verma Date: 2021.09.21 18:18:41 IST Reason: Document Owner Location: High Court of Judicature at Allahabad