THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.24902 of 2009 Date:22.12.2009 Between: Smt. Kandula Prameela Devi and another. ..Petitioners and The Bank of Baroda and others. .. Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.24902 of 2009 ORDER: Sri Kandula Nagarjuna Reddy, husband of the first petitioner and father of the second petitioner, obtained loan from the Bank of Baroda, first respondent herein, way back in the year 2005, by mortgaging residential flat, by deposit of title deeds. The petitioners approached respondent Nos.1 and 2 for redemption of the mortgage. However, the request of the petitioners was not acceded to on the ground that respondent Nos.3 and 4 have also claimed interest in the property as second wife and son respectively of late Nagarjuna Reddy. It is also stated that the names of respondent Nos.3 and 4 were mentioned in the loan document. The petitioners seek a proper direction against respondent Nos.1 and 2. Respondent Nos.3 and 4 filed a counter-affidavit stating that their rights are pending adjudication before a civil Court. Heard Sri M. Narender Reddy, learned counsel for the petitioners, Sri Srinivas Chitturu, learned standing counsel for respondent Nos.1 and 2 and Sri V. Hari Haran, learned counsel for respondent Nos.3 and 4. There is no dispute that first petitioner is the wife and second petitioner is the daughter of late Nagarjuna Reddy and that he mortgaged the property with respondent Nos.1 and 2 for securing loan. Assuming that the third respondent is the second wife of late Nagarjuna Reddy and the fourth respondent is their son, the question of their interest being recognized would arise only on the strength of a decree that may be passed by a civil Court. A marriage, contracted during the subsistence of another, prima facie, cannot be recognized. Being the natural legal heirs of the deceased Nagarjuna Reddy, the petitioners are entitled to redeem the mortgage. This, however, would be subject to the rights that may be decided in favour of respondent Nos.3 and 4 vis-à-vis the mortgaged property. Therefore, the Writ Petition is disposed of directing that respondent Nos.1 and 2 shall permit the petitioners to redeem the mortgage by paying the amount due. As and when the amount due is deposited, title deeds shall be returned and necessary documents shall be executed. Such redemption, however, shall be without prejudice to the rights of respondent Nos.3 and 4 that may be declared by a Court of law to which the petitioners shall also be parties. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J 22nd December, 2009 GHN