1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER Makhan Singh vs. The Ganganagar Central Cooperative Bank Ltd. & Ors. (S.B.CIVIL WRIT PETITION NO.7309/07) Dated:- 5.11 .2007. HON'BLE MR.JUSTICE SANGEET LODHA Mr.Bheem Kant Vyas,for the petitioner. This writ petition is directed against order dated 12.7.07 passed by Additional District Judge, Raisinghnagar in Civil Misc. Case No. 3/06, whereby the appeal preferred by the plaintiff -State Bank of India against the order dated 23.1.06 passed by Civil Judge(J.D.), Raisinghnagar in Civil Misc. Case 6/06, has been rejected. A loan of Rs.2,99,000/- was sanctioned by the State Bank of India, branch Bajjuwala in favour of the petitioner for purchase of a tractor. The petitioner was also extended the facility of Kisan Credit Card with a limit Rs.50,000/-. The tractor was hypothecated to the State Bank of India, branch Bajjuwala. Being a member of 6 L.P.M. Gram Seva Shahkari Samiti, the petitioner also obtained loan from the Ganganagar Central Cooperative Bank Ltd., Sameja Kothi. The petitioner made default in repayment of the loan, therefore, the said bank 2 proceeded to take possession of the tractor belonging to the petitioner which stands hypothecated to the State Bank of India. A public notice for auction of the said tractor for recovery of the loan advanced was issued by the said Bank. In these circumstances, the State Bank of India preferred a suit for permanent injunction alongwith an application under Order 39 Rule 1,2 C.P.C. seeking temporary injunction against the defendant Ganganagar Central Cooperative Bank to the effect that it may not proceed with the auction of the tractor which stands hypothecated to the State Bank of India. The petitioner was also impleaded as defendant no. 2 in the said suit. The application for temporary injunction was rejected by the learned trial court vide order dated 23.1.06. Aggrieved by the said order, the plaintiff State Bank of India preferred an appeal before the Additional District Judge, Raisinghnagar. The appeal also failed and was rejected by the Appellate court vide impugned order dated 12.7.07. It is relevant to mention here that the tractor has already been auctioned by the Ganganagar Central Cooperative Bank and the sale proceeds has been appropriated by it against the loan outstanding. It is contended on behalf of the petitioner that since the tractor stands hypothicated to the State Bank of India, therefore, it has the first charge over the same and the Ganganagar Central Cooperative Bank had no authority to auction the tractor for 3 recovery of its loan. It is contended that the transfer of the tractor has not been completed inasmuch as the vehicle has not been registered in favour of the auction purchaser under the provisions of Motor Vehicles Act, 1988. On the facts and in the circumstances of the case, the petitioner cannot be said to be a party aggrieved by order dated 23.1.06 passed by the Appellate Court rejecting an appeal preferred by the plaintiff State Bank of India, against the order of the trial court rejecting its application under Order 39 Rule 1,2 C.P.C. In the suit preferred, essentially the dispute is between the State Bank of India and Ganganagar Central Cooperative Bank with regard to the charge over the property in question. The petitioner ,who is defaulter in repayment of the loan to both the banks cannot be permitted to assail the validity of auction, while challenging the order impugned passed by the Appellate Court rejecting the appeal preferred by the plaintiff Bank, against the order passed by the trial court rejecting an application preferred by the plaintiff Bank for grant of temporary injunction . The writ petition is devoid of any merit. It is hereby dismissed with no order as to costs. (SANGEET LODHA),J.