HONOURABLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.30008 of 2010 ORDER: The petitioner entered into an agreement of sale on 25-09-2009 with one Sri Tummala Hanumantha Naidu in respect of 42 cents of land in survey No.169/3B/2C and 2D, Kondayapallli Village, Kadapa District. For specific performance of the said agreement, he filed O.S. No.46 of 2010 in the Court of the IV Additional District Judge, Kadapa. The total extent of the land held by Tummala Hanuamantha Naidu is 84 cents. When the entire property is under mortgage with the Kadapa branch of Bank of Baroda, the 2nd respondent herein, the petitioner intended to redeem the mortgaged property by paying the entire amount. His grievance is that the respondents are not receiving the said amount. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3. Admittedly, as of now, the petitioner does not have any title vis-à-vis the property nor he is the mortgagor. There should not be any difficulty for the respondents in receiving the amounts that may be paid by the petitioner. Ultimately, the redemption can take place only with the consent, approval or the participation of the mortgagor i.e. Hanumantha Naidu. The petitioner does not have any right to insist on the respondents to redeem the property without such participation. Even now he can approach the respondents together with his vendor. 4. Hence, the Writ Petition is disposed of leaving it open to the petitioner to approach the respondents together with his vendor for redemption of the mortgage. In case, the borrowed amount is paid in the presence of the borrower i.e. Tummala Hanumantha Rao, the respondents shall permit the redemption of mortgage. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J March 23, 2011. KTL