IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.24081 of 2009 Between: Kosaraju Venkateswara Rao. … Petitioner And Indian Bank, represented by its Branch Manager and four others. … Respondents This Court made the following: HON'BLE SRI JUSTICE A.GOPAL REDDY AND HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.24081 of 2009 ORDER: - (per the Hon’ble Sri Justice A.Gopal Reddy) The petitioner who is a 3rd party to the proceedings before the Debts Recovery Tribunal filed this writ petition questioning the auction cum sale notice dated 13.10.2009 issued by 1st and 2nd respondents, contending that the bank proceeding to sell the mortgaged property, which was mortgaged on the fake documents, enforcing the claim against 4th respondent who mortgaged the property. Since he being a bonafide purchaser and the original link documents are with him, he filed a claim petition before the Debts Recovery Tribunal, Visakhapatnam in I.A.No.1/Ro-I of 2008 in R.P.No.163 of 2002 in O.A.No.995 of 1989, and until the said claim petition is decided as to whether the mortgaging made by 3rd respondent under the fake documents is a valid mortgage or not, the property cannot be sold. Since the petitioner has already made a claim before the Debts Recovery Tribunal, it is for the Debts Recovery Tribunal to decide whether the mortgage of the properties with the bank is valid or not. All the disputed questions cannot be gone into in the present writ petition. Petitioner can also obtain necessary orders from the Debts Recovery Tribunal, staying the sale of the immovable property until the claim petition is decided, by filing an appropriate application. In view of the same, we do not see any merit in the present writ petition and the same cannot be entertained. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________________ (A.GOPAL REDDY, J) _________________________________ (SAMUDRALA GOVINDARAJULU, J) 09.11.2009. Lmv